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(영문) 서울서부지방법원 2015.11.11 2015가단19479
환수금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 20,891,926 and Defendant A with respect thereto from September 17, 2015; and Defendant B from September 2015.

Reasons

The plaintiff is a stock company that runs the insurance business, and the defendant A was a designer of the plaintiff's life insurance, and the defendant B was a joint and several surety within the limit of 50 million won for the collection obligation of the above A, and the plaintiff paid fees according to the business performance of the defendant A, but the amount of redemption equivalent to 20,891,926 won was incurred for the payment of the fees, which failed to meet the criteria for the payment of the fees. The fact that the defendants did not pay the above amount to the plaintiff is not disputed between the parties or recognized by the evidence of No. 1 through No. 3.

Therefore, the Defendants jointly and severally liable to pay to the Plaintiff the amount of 20,891,926 won to be recovered and the amount of damages for delay calculated by the rate of 15% per annum from September 17, 2015 following the day on which the Defendant was served with the duplicate of the complaint of this case, and Defendant B, from May 25, 2015 to the day of repayment, shall be liable to pay to the Plaintiff the amount of damages for delay calculated by the rate of 15% per annum from May 25, 2015 to the day of repayment. However, Defendant B bears the above obligations only within the limit of the guarantee amount of 50,00,00

Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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