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(영문) 서울서부지방법원 2018.11.23 2017가단241409

양수금

Text

1. The Plaintiff:

A. As regards Defendant A Co., Ltd., the amount of KRW 30,100,000 and that amount:

B. Defendant B, C, and D, each of which is 300,000.

Reasons

1. Plaintiff’s claim against Defendant A

(a) Indication of claims: To be as shown in the grounds for the modified claims;

B. Applicable Provisions: Judgment by deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act). 2. As to the Plaintiff’s claim against Defendant B, C, and D

A. 1) Recognizing the facts as to the Plaintiff’s claim against the said Defendants, the fact that the Plaintiff’s cause of claim, such as the entry of the changed cause of claim in the annexed sheet, can be acknowledged by comprehensively considering the purport of the entire pleadings as to each entry in the evidence Nos. 1 and 12. 2) Accordingly, the Defendants, who are the network E’s property successors, are jointly and severally with the Defendant Company A, and are liable to pay to the Plaintiff the amount of KRW 10,033,333 and each of these money, calculated at the rate of 18% per annum from May 18, 2007 to the day of full payment.

B. As to the above Defendants’ assertion, the Defendants asserted to the purport that, although they filed an application for qualified acceptance with the Suwon District Court Branch Decision 2018Radan288, they were dismissed, they did not have any obligation to comply with the Plaintiff’s claim of this case. 2) The above Defendants’ assertion cannot be a circumstance to exclude or block the Plaintiff’s claim of this case, even if they were to be recognized as facts. Thus, they cannot be accepted without examining separately.

3. In conclusion, the plaintiff's claim against the defendants of this case is justified, and it is so decided as per Disposition.