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(영문) 전주지방법원 2019.08.08 2019가단8308
구상금
Text

1. The Defendant is jointly and severally and severally with C about KRW 99,364,363 and KRW 41,400,492 among them to the Plaintiff.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim

(However, the judgment based on a confession based on recognition on February 2, 200: Article 208(3)2 of the Civil Procedure Act (the defendant only raised a formal objection after receiving the original copy of the payment order in this case, and did not appear on the date for pleading without submitting a specific written response, and thus, all of the plaintiff's allegations are deemed to have been led to confession under Article 150(3) and (1) of the Civil Procedure Act. On the other hand, the defendant presented a written written application as of May 15, 2019 and submitted it as of May 15, 2019, divorced with C, and obtained confirmation of the completion of the debt relationship, and therefore, he did not bear the obligation of this case against the plaintiff. However, even if the debt in this case was divorced with the principal debtor after the confirmation of the debt in this case, there is no evidence to acknowledge that the defendant's obligation in this case was extinguished due to repayment or exemption, etc.

3. Partial dismissal pursuant to Article 2 of the Addenda of the Regulation on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) of the Enforcement Decree of Article 3(1) of the Act on Special Cases Concerning the Statutory Interest Rate. The portion of the claim in this case exceeds 12% per annum after June 1, 2019 is dismissed.

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