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(영문) 부산지방법원 2016.04.01 2015가단78600

보증금반환

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 200,000,00 and Defendant B from April 1, 2015 to May 26, 2015.

Reasons

1. Claim against the defendant B

A. In addition to the overall purport of the pleadings in each entry of evidence Nos. 1 and evidence Nos. 6-2 of the judgment on the cause of the claim, the facts as stated in the separate sheet Nos. 1 through 5 (Provided, That the “creditor” shall be corrected to “the Plaintiff” as “the Defendant”) may be acknowledged.

According to the above facts of recognition, Defendant B is jointly and severally liable with Defendant C to pay damages for delay calculated at the rate of 200 million won per annum under the Civil Act from April 1, 2015 to May 26, 2015, the delivery date of the copy of the application for the payment order of this case, and 5% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

B. As to the Defendant B’s assertion, Defendant B asserted that the Plaintiff could not respond to the Plaintiff’s claim merely because the actual damage incurred by Defendant D, who was the Defendant’s punishment, was merely KRW 10 million. However, Defendant B did not appear at the date of pleading and submit evidence. In addition, even if Defendant B submitted the evidence No. 1, the above evidence alone is insufficient to recognize it. Thus, the above Defendant’s assertion is without merit.

2. Claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(However, "creditor" is corrected to "Plaintiff" and "debtor" as "Defendant"). (B)

Judgment by public notice: Article 208(3)3 of the Civil Procedure Act

3. In conclusion, the plaintiff's claim against the defendants is justified, and each of them is accepted.