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(영문) 서울중앙지방법원 2016.12.07 2016가단113946

양수금

Text

1. The defendants together with the plaintiff 40,000,000 won and 10,000,000 won among them, shall be effective March 25, 2006, and 20,000 won.

Reasons

1. Determination as to the cause of claim

A. According to each of the statements in Gap evidence Nos. 1 through 3 (including each number), it is recognized as the same facts as the reasons for the claim and the changed reasons for the claim.

B. Therefore, the Defendants are jointly obligated to pay to the Plaintiff KRW 40,000,000 and KRW 10,000,000 among them, the amount of KRW 20,000 per annum from March 25, 2006 to June 10, 2006, KRW 10,000 per annum from May 20, 2006 to June 11, 2006, and KRW 20 per annum from the next day to June 11, 2006.

2. The Defendants asserted that the Plaintiff’s claim is unjustifiable since C and D (former name: E) as the representative of the Defendants obtained each bankruptcy and immunity.

However, since corporate Defendants and C/D individuals, a representative, belong to separate rights and obligations, the defendants' defenses are without merit.

3. Conclusion of the Plaintiff’s claim against the Defendants