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(영문) 서울동부지방법원 2017.08.18 2016가단122370
손해배상(기)
Text

1. The Defendants each amounting to KRW 15,500,000 to the Plaintiff, respectively, and Defendant B from September 10, 2016 to Defendant C, and Defendant C from July 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants have long been long issued and issued a provisional coefficient label in the name of the Plaintiff and used it to the Defendants, and the Defendants have been engaged in transactions in the form of remitting the relevant check money to the Plaintiff by the date of issuance of each check.

B. Among household checks issued and delivered by the Plaintiff to the Defendants, the check details at issue in this case are 30,000 won in total at par value as shown in the attached Table, and the Defendant paid KRW 114,00,000 out of the price.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 2 through 5 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff the remaining amount of KRW 36,000,000 (=150,000,000 - 114,000,000) minus the remainder of KRW 5,000,000, which the Plaintiff himself/herself has deducted from the amount of KRW 114,000,00, and damages for delay.

However, inasmuch as it is difficult to see the transaction between the Plaintiff and the Defendants as commercial transaction, inasmuch as there are several obligors, each obligor shall bear the obligation at an equal rate unless there is a special declaration of intention (Article 408 of the Civil Act). Since there is no assertion or proof as to the Defendants jointly and severally liable for the obligation, it is reasonable to see that the Plaintiff may claim against the Defendants only each share of the obligation.

Therefore, the Defendants are obligated to pay to the Plaintiff 15,50,000 won (=31,000,000 won x 1/2) and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 10, 2016 to the day of full payment as the day following the date of issuance of a copy of the complaint of this case, as sought by the Plaintiff, as the day following the date of issuance of each household check of this case.

B. Determination of the defendants' defenses

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