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(영문) 서울동부지방법원 2016.09.30 2015가합110346

구상금

Text

1. On November 1, 2015, Defendant B, Defendant C, and D, respectively, KRW 62,371,428, and each of the above amounts. < Amended by Presidential Decree No. 26590, Nov. 1, 2015>

Reasons

1. Determination as to the cause of claim

(a)Any of the following facts may be admitted either as a dispute between the parties or as a whole by taking into account the respective entries and arguments set forth in Gap evidence 1 to 6, and 8 (including each number):

1) The Plaintiff and the network borrowed 141,60,000 won from F on March 8, 2007 with a maturity of 141,60,00 won as of March 8, 2007. On April 11, 2005, the Plaintiff and the network borrowed 91,00,000 won from G, H, I, and J as of April 11, 2007 with a maturity of 340,00,000 won as of April 11, 2005 with a interest rate of 6% per annum from March 2007 to October 15, 201 】 (i) the Plaintiff borrowed 141,60,000 won as of March 1, 207 to 00,000, x 1005,000 won as of April 10, 2005; and (ii) the Plaintiff borrowed x 10,005,000 won as above G.

3) The network E died on December 12, 2013. Defendant B is the spouse of the network E, and Defendant C and D are the children of the network E. B. According to the above facts of recognition, the network E is obligated to pay the Plaintiff amounting to KRW 218,30,000 for indemnity amount of KRW 218,30,000 for the Plaintiff (=( KRW 141,600,000 for KRW 91,600,000 for KRW 204,000 for KRW 200,000) x 1/2). Defendant B succeeded to the 3/7 shares, Defendant C and D inherited the above debt amount of the network E for each 2/7 shares, barring any special circumstance, and Defendant B is the same as the Plaintiff, and Defendant C and C, 3,557,142 won (=218,300,000 for KRW 3/7,000 for less than KRW 3/70.

Defendant C and D are liable to pay 62,371,428 won each (=218,300,000 x 2/7 and delay damages for each of the above amounts.

2. Judgment on the defendants' assertion

A. The Defendants: (a) borrowed the above borrowed amount of KRW 141,600,00 and KRW 91,000,000 from the above F and G, etc.; (b) pursuant to the delegation contract between the Plaintiff and the network E, the network E purchased several real estate with the Plaintiff’s funds including the above borrowed money, and then sold the difference again, and then sold the proceeds thereof to the Plaintiff.