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(영문) 서울동부지방법원 2016.09.30 2015가합110346
구상금
Text

1. On November 1, 2015, Defendant B, Defendant C, and D, respectively, KRW 62,371,428, and each of the above amounts.

Reasons

1. Determination as to the cause of claim

(a)Any of the following facts may be admitted either as a dispute between the parties or as a whole by taking into account the respective entries and arguments set forth in Gap evidence 1 to 6, and 8 (including each number):

1) The Plaintiff and the network borrowed 141,60,000 won from F on March 8, 2007 with a maturity of 141,60,00 won as of March 8, 2007. On April 11, 2005, the Plaintiff and the network borrowed 91,00,000 won from G, H, I, and J as of April 11, 2007 with a maturity of 340,00,000 won as of April 11, 2005 with a interest rate of 6% per annum from March 2007 to October 15, 201 】 (i) the Plaintiff borrowed 141,60,000 won as of March 1, 207 to 00,000, x 1005,000 won as of April 10, 2005; and (ii) the Plaintiff borrowed x 10,005,000 won as above G.

3) The network E died on December 12, 2013. Defendant B is the spouse of the network E, and Defendant C and D are the children of the network E. B. According to the above facts of recognition, the network E is obligated to pay the Plaintiff amounting to KRW 218,30,000 for indemnity amount of KRW 218,30,000 for the Plaintiff (=( KRW 141,600,000 for KRW 91,600,000 for KRW 204,000 for KRW 200,000) x 1/2). Defendant B succeeded to the 3/7 shares, Defendant C and D inherited the above debt amount of the network E for each 2/7 shares, barring any special circumstance, and Defendant B is the same as the Plaintiff, and Defendant C and C, 3,557,142 won (=218,300,000 for KRW 3/7,000 for less than KRW 3/70.

Defendant C and D are liable to pay 62,371,428 won each (=218,300,000 x 2/7 and delay damages for each of the above amounts.

2. Judgment on the defendants' assertion

A. The Defendants: (a) borrowed the above borrowed amount of KRW 141,600,00 and KRW 91,000,000 from the above F and G, etc.; (b) pursuant to the delegation contract between the Plaintiff and the network E, the network E purchased several real estate with the Plaintiff’s funds including the above borrowed money, and then sold the difference again, and then sold the proceeds thereof to the Plaintiff.

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