beta
(영문) 인천지방법원 2017.02.08 2016가단33164

양수금

Text

1. The plaintiff

A. Defendant B and C Co., Ltd.: KRW 55,00,000 for each of them and Defendant B from December 1, 2006 to December 1, 2006.

Reasons

1. Basic facts

A. On August 2006, Defendant B and Defendant C Co., Ltd. (hereinafter “Defendant C”) agreed to pay F KRW 150,000,000 to F by November 30, 2006 under the joint and several guarantee of Defendant D (hereinafter “instant agreement”).

B. On August 28, 2006, with respect to the above agreement, a notary public prepared a letter of certification as No. 2284, including the preparation of a G law office.

C. On March 9, 2016, F transferred KRW 110,000,00 among the above claims against the said Defendants to the Plaintiff. On December 26, 2016, F notified the said Defendants of the transfer of the above claims by content-certified mail.

The above notification reached the above defendants around that time.

[Ground of Recognition] Defendant B, D, and E: without dispute; entry of Gap evidence Nos. 1, 2, 5, and 11 (including branch numbers; hereinafter the same shall apply); the purport of the whole pleadings; and the purport of the whole pleadings: constructive confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination as to Defendant B, C, and D

A. In the event there are several obligors, there is no evidence to prove that Defendant B and C jointly and severally paid the said money, unlike the principle of installment liability (Article 408 of the Civil Act), Defendant B and C are liable to pay the Plaintiff the damages for delay calculated at the rate of 5,00,000 per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, based on the agreement of this case and the transfer of the said bonds (=10,000,000 won/2) and the next day from December 1, 2006, which is the day following the due date, until July 21, 2016, the delivery date of a copy of the complaint of this case, and Defendant C are five percent per annum as stipulated in the Civil Act until August 24, 2016, and fifteen percent per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. Meanwhile, according to the above facts of recognition, Defendant D is jointly and severally with Defendant B and C as to each of the above KRW 55,000,000, and as to this, 5% per annum under the Civil Act from December 1, 2006 to August 22, 2016, which is the date of delivery of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.