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(영문) 서울중앙지방법원 2015.08.21 2014가합56718

대여금반환 등

Text

1. The Plaintiff:

A. Defendant B, H, and I’s joint and several liability amounting to KRW 550,00,000, and Defendant H from August 20, 2004 to August 20, 2014.

Reasons

Recognizing the facts, Defendant C, while serving as the chief of the JJ office before August 10, 2004, was convicted of a criminal fact that “I would have obtained a cashier’s checks of KRW 550 million at par value from the Plaintiff and obtained them by fraud, and subsequently, I would like to confirm that the Plaintiff would be able to receive money if I would like to find concealed USD 50,000,000,000,000 from the Government.”

[Seoul Central District Court Decision 2006Da3069, 3975, 5322, and 5639 (combined) decided January 31, 2007; Supreme Court Decision 2007No612 Decided May 16, 2007; Supreme Court Decision 2007Do4317 Decided July 27, 2007; Cash Storage Certificate No. 2007Do4317 Decided August 17, 2004 (the document name "K"), Defendant H, I, and B shall be kept until August 19, 204.

The joint and several liability period shall be the date of payment.

In each letter, the L 1.1 billion won shall be paid on September 21, 2004 by adding up the amounts of KRW 550 million to KRW 550,000,000,000.

As of January 21, 2005, Defendant C promised to pay the full amount of KRW 550 million as of August 10, 2004, which has been paid up until now, to implement by January 25, 2005.

On the other hand, with respect to the above KRW 550 million, the following documents were prepared:

The net C died on March 4, 2015, and there are Defendant D, E, F, and G, including who is his heir.

On May 28, 2015, Defendant D, E, F, and G were tried to approve the inheritance of the deceased C’s inherited property as the Busan District Court Branch Decision 2015 Madan437 on May 28, 2015.

【Ground of Recognition】 Defendant B, Articles 208(3)3 and 194(a) of the International Civil Procedure Act (amended by Service by Public Notice) Defendant deceased C’s lawsuit, D, E, F, G, and Defendant H.