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(영문) 부산지방법원 2014.11.20 2012가단41683

계금

Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 25,178,00 and KRW 21,700,000 among them.

Reasons

On November 24, 2008, the Plaintiff entered the 2350,000 successful bid account consisting of the accounts operated by the Defendants on November 24, 2008 (Evidence B, etc., based on evidence such as evidence No. 1, the successful bid account holder is Defendant B, and the subject of the claim against the Plaintiff due to the principal lawsuit or counterclaim is the Defendant B, the principal debtor. However, the Defendants, as the husband and wife, did not assert that the Plaintiff is not the creditor of the relevant lawsuit. According to evidence such as evidence No. 2, the account transferred to the Plaintiff is the account in the name of the Defendants, and that the Plaintiff does not bear the duty of repayment, etc., or that the Defendants did not bear the duty of repayment to the Plaintiff pursuant to the above set-off against the Plaintiff’s obligee, etc., the Defendants did not assert that the Defendants’ counterclaim is the principal debtor of the above lawsuit. The Defendants did not assert that the Defendants did not have any obligation of repayment to the Plaintiff.

Therefore, the Defendants jointly and severally set off the amount remaining after offsetting the Plaintiff’s unpaid accounts from the unpaid accounts ( = 21.7 million won = 23.5 million won - 1.8 million won).