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(영문) 서울중앙지방법원 2016.05.31 2015가단5179975
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from June 1, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On October 29, 2012, the Plaintiff appointed the Defendant as the legal representative of the first instance court with respect to the case of claim for indemnity amount filed against B and C, and the Defendant, upon delegation of the said lawsuit, filed a lawsuit against B and C on behalf of the Plaintiff for a claim for indemnity amount against B and C, the Suwon District Court Decision No. 2012Da17115, Jun. 1, 2012.

(hereinafter referred to as “Seoul Housing Site Case”). (b)

The case of the foregoing Pyeongtaek Housing Site Costs was the case where the Plaintiff sought reimbursement on the ground that he/she repaid the Plaintiff’s debt as a joint and several surety on behalf of the principal obligor B or C. On July 12, 2013, the court of first instance rendered a judgment that partly accepted the Plaintiff’s claim against B and the counterclaim against the Plaintiff, and dismissed the Plaintiff’s claim against C in full.

C. The court of first instance dismissed the Plaintiff’s principal claim against C in its entirety, and partly accepted the Plaintiff’s counterclaim against the Plaintiff, on the premise that there was an agreement between the Plaintiff and C with respect to the repayment of a loan that is the principal debtor B, with respect to the repayment of the loan that is the principal debtor, that the Plaintiff shall not be liable for reimbursement to the other party in the event that the repayment is made to be less than that of the principal debtor, because the amount of reimbursement by the Plaintiff does not exceed the Plaintiff’s share,

The plaintiff filed an appeal against the above judgment of the first instance court with the defendant, and again appointed the defendant as the legal representative of the appellate court.

E. However, the Defendant submitted a petition of appeal on August 2, 2013, which was the date of appeal on August 1, 2013, which was the filing period, on August 2, 2013. In the appellate court proceeding with the Suwon District Court 2013Na30896, the said appellate court rendered a ruling of recommending a settlement with the purport that the Plaintiff withdraws an appeal by taking into account the lapse of the filing period, and the said ruling of recommending settlement became final and conclusive on February 7, 2014.

F. In the process, the defendant shall submit to the plaintiff a petition of appeal after the lapse of the appeal period.

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