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(영문) 서울중앙지방법원 2015.10.27 2015가단5052254
양수금
Text

1. As to KRW 179,216,590 and KRW 46,571,941 among the Plaintiff, Defendant A shall be the year from February 9, 2015 to the day of full payment.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant A

(a)as shown in the reasons for the attachment of the claim;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the plaintiff's claim against the defendant B

A. The Plaintiff’s assertion D is jointly and severally liable for the Defendant’s debt to the 4th National Bank No. in the attached Table No. 4 in the list of the reasons for the claim. As such, the Defendant B, the heir of the network, is jointly and severally liable with the Defendant to pay the amount calculated by 11,265,524 won and 3,078,020 won per annum from February 9, 2015 to the date of full payment.

B. The records of evidence Nos. 1 through 8 alone are insufficient to recognize that the network D guaranteed Defendant A’s obligation, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is not acceptable.

3. Thus, the plaintiff's claim against the defendant A is justified, and the plaintiff's claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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