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(영문) 인천지방법원 부천지원 2017.01.18 2016가단109378
강제집행에 관한 소송
Text

1. The Defendants jointly and severally pay KRW 79,103,317 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. When Defendant B was detained on the charge of fraud upon the Plaintiff’s complaint, Defendant B attempted to reach an agreement with the Plaintiff via Defendant C.

B. In the process, on September 29, 2014, Defendant B agreed to pay the Plaintiff the principal amount of KRW 100,000,000 and the amount equivalent to the interest on the loan of a financial institution, but in installments, the principal amount of KRW 2,77,777,77 on October 19, 2014 (=10 million ±36 months, and less than KRW 1,200,00) and the interest amount of KRW 1,20,00 on the 19th day of each month from October 19, 2014, and Defendant C guaranteed the Plaintiff’s debt.

C. From October 20, 2014 to January 9, 2016, the Defendants paid a total of KRW 4,430,000 to the Plaintiff several times, and the said money was paid to the Plaintiff to meet the obligations corresponding to the loan interest of the financial institution.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the remainder of KRW 79,103,317, which remains after deducting KRW 4,430,00 from the amount of the said repayment from the amount of the principal and interest paid up to June 19, 2016, KRW 83,533,317 [=3,97,777 won (= KRW 2,777,777), x 21 times], as the Plaintiff seeks.

B. Defendant C’s defense that Defendant C had a joint and several surety with the horses of Defendant B that he could have repaid without problem after the discharge. However, such circumstance alone cannot be exempt from the obligation in relation to the Plaintiff, a third party.

3. For the same reasons as above, the Plaintiff’s claim against the Defendants is accepted in its entirety, and it is so decided as per Disposition.

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