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(영문) 서울중앙지방법원 2020.02.14 2019가단5140401

구상금

Text

1. As to KRW 51,068,490 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from July 1, 2018 to May 20, 2019.

Reasons

The cause of the instant claim is the same as indicated in the grounds for the instant claim (Provided, That “creditor” shall be deemed “Plaintiff” and “debtor” shall be deemed to be “Defendant. The Plaintiff stated a corrective statement as to the claim for delay damages in the purport of the claim in accordance with the statutory interest rate of Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as amended at the first date for pleading. Meanwhile, the payment order against D was finalized on June 4, 2019), and there is no dispute between the parties as to the fact of the cause, or it may be recognized in full view of the purport of the entire pleadings in the statement in subparagraphs 1 through 5.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 51,068,490 won (i.e., the principal of KRW 50,000,000 for delay damages of KRW 1,068,490) and the principal of KRW 50,000 for delay damages of KRW 50,000 from July 1, 2018 to May 20, 2019, 9% per annum and 12% per annum from the next day to the date of full payment.

Meanwhile, at the time of concluding a guarantee insurance contract, the defendant concluded a contract without any explanation from the employee E of the plaintiff, not the plaintiff's employee, and D (the defendant's spouse) also consented to the guarantee with the knowledge that it is an essential process at the time of concluding the franchise agreement with E, and it is a contract with the defendant, and there is no reason for repayment since it is a contract with the defendant E., however, there is no evidence to acknowledge the above facts, and it is difficult to reject the plaintiff's claim against the defendant solely on

If so, the plaintiff's claim is reasonable and acceptable.