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(영문) 서울서부지방법원 2018.10.19 2015가단234131

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for the payment of KRW 92,102,932 and the period from November 14, 2017 to October 19, 2018.

Reasons

1. Defendant C, D, and E

(a) Indication of the cause of claim: It is as shown in the attached Form;

B. Judgment without holding any pleadings

2. As to Defendant B, Inc.

A. According to the evidence Nos. 1 through 20, the above defendant is obligated to pay to the plaintiff 92,102,932 amount of indemnity and 5% interest per annum from November 14, 2017 to October 19, 2018, and 15% interest per annum from the next day to the date of full payment. The above defendant's remaining claims are without merit.

B. On October 1, 2013, the above Defendant transferred the rights and obligations regarding the instant installment contract to the Defendant’s Intervenor, and accordingly, the Defendant asserts that the obligor is not the Defendant but the Defendant’s Intervenor.

However, according to the evidence No. 12 of the defendant assistant intervenor Gap, G is indicated in the purport that G was integrated into the plaintiff on the homepage of G, a telegraph of the defendant assistant intervenor, and H, a director in-house of the plaintiff, may be recognized as the representative director of G, but such fact alone is insufficient to recognize that G was succeeded to all the rights and duties of the plaintiff as the prepaid installment business operator, and there is no other evidence to acknowledge

In addition, the defendant is obliged to pay the defendant's damages compensation to his members if the accident occurred while the mutual aid agreement in this case is effectively maintained.

However, the defendant's cancellation of the registration of prepaid installment business is after the termination of the mutual aid agreement of this case. Thus, the plaintiff's compensation paid to the defendant's members is paid without the defendant's obligation to pay, and thus, the plaintiff cannot claim compensation against the plaintiff.

However, Article 5 (1) 5 of the Mutual Aid Agreement of the Plaintiff provides that a mutual aid accident occurred even if the registration of prepaid installment business was revoked when the mutual aid contract was not concluded after the termination or termination of the mutual aid contract, and the Plaintiff.