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(영문) 부산지방법원 2015.01.14 2013가단100510
계금 및 사해행위취소
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 37,00,000 and Defendant B with respect thereto from January 15, 2014, and Defendant C with respect thereto.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) the Plaintiff organized the successful bid system of KRW 40 million in the limit of KRW 40 million in the limit of KRW 40,000,000 in the limit of KRW 40,000 in the limit of the deposit amount, KRW 1,000 per month in the limit of KRW 20,000 (hereinafter “instant limit”); (b) Defendant B subscribed to the aforementioned successful bid system; (c) Defendant B was awarded a successful bid at the second successful bid date of the instant successful bid on June 20, 2013; (d) on the same day, KRW 9,880,00 in the limit of KRW 5,00 in the limit of KRW 1,00 in the aggregate, KRW 38,00 in the limit of KRW 70,00 in the limit of KRW 1,00 in the aggregate; or (e) Defendant B’s signature and seal on the remainder of the deposit amount of KRW 20,000 in each of the instant case shall be paid by each of KRW 3.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 37 million (i.e., KRW 38 million - KRW 1 million) and to pay damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 15, 2014 to the date of full payment, upon the Plaintiff’s request.

2. Judgment on the defendants' assertion

A. As to the Defendant B’s assertion, the Defendant B had the intent to necessarily pay the amount of money equivalent to KRW 27 million by deceiving the Plaintiff’s falsehood.

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