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(영문) 광주지방법원 2015.08.19 2015가단506845

양수금

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 50,000,000 and the aforementioned amount shall be from August 28, 2013 to May 2015.

Reasons

1. Determination as to the claim against Defendant A, B, and C

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

(b) Claim against Defendant A and B: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act)

(c) Claim against Defendant C: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. Facts as to the claim against Defendant D, the fact that the rate of delay damages at the time of the above credit transaction agreement was set at 14% is no dispute between the parties, and the fact that Defendant D obtained an inheritance-limited approval from the Seoul Family Court is the Plaintiff. As such, Defendant D is jointly and severally with Defendant A and with Defendant A and B within the scope of the property inherited from the network E, and as to the amount of KRW 14,285,714, which is the day following the date of the final repayment, from August 28, 2013 to April 8, 2015, the delivery date of a copy of the complaint of this case, the agreed delay damages rate of KRW 14%, which is the agreed delay damages rate and KRW 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

If so, the plaintiff's claim against the defendant D is justified.