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(영문) 서울중앙지방법원 2018.10.24 2016가합530500
구상금
Text

1. The Plaintiff:

A. The Defendant’s KRW 221,219,556 as well as its related KRW 6% per annum from July 1, 201 to August 17, 2018.

Reasons

1. Determination as to claim against the defendant

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deeming confessions (Article 208 (3) 2 and Article 150 (3) and (1) of the Civil Procedure Act);

2. Determination as to the claim against the defendant (appointed party) and the designated parties

(a) The facts of the reasons for recognition and of the changed reasons for the claim can be acknowledged pursuant to the respective entrys in Gap evidence 1 to 9 and Eul evidence 1 (including each number), and the whole purport of the pleadings, unless there is a dispute between the parties or according to the whole purport of the arguments.

B. According to the facts of the determination as to the cause of the claim, the Defendant (Appointed Party) and the appointed parties, the joint guarantor, jointly and severally with the Defendant, the primary debtor, are jointly and severally liable to the Plaintiff, and as to the amount of KRW 94,808,381 (=221,219,556 x inheritance shares x less than 3/7,000 won; hereinafter the same shall apply), the Defendant (Appointed Party) and the appointed parties E are jointly and severally liable to pay damages for delay calculated from July 1, 2011 to August 17, 2018, each of the above amounts of KRW 63,205,587 (=21,219,56 x inheritance shares 2/56 x inheritance shares 2/7) and each of the above amounts are the final delivery date of the complaint in this case from July 1, 2011 to the date of full payment.

3. In conclusion, the plaintiff's claims against the defendant and the defendant (appointed party) are justified, and all of them are accepted.

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