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(영문) 서울중앙지방법원 2016.08.16 2014가단5342349

손해배상(기)

Text

1. The defendant's KRW 5,00,000 for each of the plaintiffs and 5% per annum from May 18, 2012 to August 16, 2016.

Reasons

1. Facts of recognition;

A. On April 18, 1997, the defendant lent 100 million won to the plaintiff A who became aware of in the parent group of his children and extended money to 2003 years. On March 9, 2005, the defendant filed a lawsuit against the plaintiff et al. for the loan claim of 220 million won (200 million won) with the Seoul Central District Court (2005Gahap19595) and won on July 15, 2005 (hereinafter "the judgment of 2005"), and the above judgment became final and conclusive on August 17, 2005.

B. The defendant at the beginning of 2005 above A.

In relation to the case of paragraph (1), the plaintiffs filed a complaint with the Sung-nam Branch Office of the Suwon District Prosecutors' Office (hereinafter "the case of complaint in 2005") on the charge of fraud, and the decision was made on February 2005 that the plaintiffs were guilty.

C. On October 5, 2005, Plaintiff B, an son of Plaintiff A, prepared and delivered to the Defendant a letter of delegation stating that “B shall attach a certificate of seal imprint upon delegation of A’s debt” (hereinafter “the letter of delegation of this case”).

On December 2, 2010, the Defendant filed a lawsuit against the Plaintiffs for a loan claim (hereinafter “related loan claim”) with the Seoul Central District Court Decision 2010Da480729, the Defendant asserted that “The Defendant lent KRW 100 million to the Plaintiff on April 18, 1997, and on October 5, 2005, the Plaintiff prepared and delivered the instant power of attorney to the Defendant that the Plaintiff would accept all the obligations owed to the Defendant, and thus, the Plaintiffs jointly and severally paid KRW 100 million to the Defendant.”

E. In the relevant loan lawsuit, the court held that “the Defendant’s claim for the loan was expired, and that Plaintiff B agreed with the Defendant on behalf of the Plaintiff A on November 9, 2005 regarding the secured obligation and the secured obligation based on the judgment of 2005, and thus, it is reasonable to view that the proxy of this case delegated consultation on the secured obligation and the secured obligation based on the judgment of 2005, and that the above KRW 100 million was approved.