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(영문) 서울동부지방법원 2018.11.16 2018가단123346

구상금

Text

1. The Defendant’s KRW 41,66,66 of each of the Plaintiffs, and KRW 5% per annum from April 1, 2014 to November 16, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant had jointly and severally liable to D for the amount of KRW 250,00,000 and damages for delay at the rate of 10% per annum from April 1, 2014 to the date of full payment (hereinafter “instant jointly and severally liable obligation”), following the Seoul East District Court E, for each land owned by the Plaintiff and the Defendants, filed an application for compulsory auction of real estate on April 23, 2014.

(hereinafter “instant decision to commence compulsory auction”). B.

On the other hand, on September 25, 2014, the Seoul Central District Court 2014Gahap9958 filed a lawsuit against D with the Seoul Central District Court 2014Gahap958 and was sentenced to "D shall pay F 310,000,000 won and losses incurred from delay." The plaintiffs acquired the above judgment claim amounting to F 310,000,000 won (Seoul Central District Court 2014Gahap958) against D on October 23, 2014, and notified D of the assignment of claims around January 14, 2015, and the Seoul High Court 2014Na28908 (Seoul High Court 2014Na28908) participated as F's successor, and the appeal of this case was finalized on March 7, 2016 by offsetting the above joint and several debt amounting to 31,2014.

C. The Plaintiffs filed a lawsuit of demurrer against the Defendant, Seoul Central District Court 2014Gahap548054, and sentenced to the Seoul High Court 2012Na93062, Oct. 25, 2013, the judgment that “shall not allow compulsory execution based on the decision of recommending reconciliation of the Seoul High Court 2012Na93062,” and the instant decision to commence compulsory auction was revoked on March 2017, and the registration of the decision to commence compulsory auction was revoked on April 2017.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 7, purport of the whole pleadings】

2. Judgment on the parties’ assertion