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(영문) 춘천지방법원원주지원 2020.04.28 2019가단271
계금
Text

1. The Plaintiff; Defendant B’s KRW 36,110,000 and Defendant E are jointly and severally with Defendant B; Defendant D is the Nonparty’s net.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the claims against Defendant B and Defendant D, Defendant B borrowed KRW 50 million from the Plaintiff on November 13, 2016 and agreed to pay KRW 2.9 million each month from December 13, 2016 under the guarantee of the network C (hereinafter “the deceased”). In addition, Defendant B borrowed KRW 50 million from the Plaintiff on July 6, 2017 at KRW 8% per annum from the Plaintiff, the total amount of KRW 36,100,000,000,000,000,000 won, which was not paid by Defendant B as of December 6, 2018, and the amount of the deceased’s inheritance guaranteed by the deceased’s heir as of KRW 36,00,000,000,000,000,000 for KRW 36,301,00,000,00.

According to the above facts, Defendant B and Defendant D are jointly and severally liable to pay to the Plaintiff 15,315,000 won (=30,630,000 won x 1/2) and damages for delay at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, within the scope of interest accrued from April 15, 2017, which is within the scope of interest accrued, to the Plaintiff as a repayment loan, within the scope of the property inherited from the Deceased, and jointly and severally with Defendant B, within the scope of the property inherited from the Deceased.

2. Determination as to the claim against Defendant E

A. Of the determination of the claim against Defendant D as to the indication of the claim, the claim is sought for payment of KRW 15,315,00, which is the share of inheritance of Defendant E, and damages for delay from April 15, 2017.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deemed as one person);

3. Conclusion.

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