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부산지방법원동부지원 2016.10.27 2016가단9355
양수금
Text

1. The Plaintiff:

A. Defendant B, C, E, and F are jointly and severally and severally liable for KRW 26,00,000,000 and the aforementioned amount from July 1, 2007 to September 30, 2015.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Nonparty G et al. filed a lawsuit against the Defendants at the Daegu District Court within the Daegu District Court on the ground of “the Defendant’s assaulted G on December 12, 2004 and inflicted damage on G”. From the appellate court (Seoul High Court 2006Na8062) on April 3, 2007, the Defendant jointly and severally paid KRW 36,000,000 to G, and the remaining amount shall be paid KRW 1,00,000 each month thereafter in installments. If the Defendants did not pay KRW 6,00,000,000 by June 30, 2006, the unpaid amount should be immediately lost and the claim amount should be paid at the rate of KRW 20,000 per annum from the following day to the date of loss of accrued interest, and the amount of penalty calculated at the rate of KRW 20,000 per annum (the penalty shall be paid at the rate of 200,000 per annum).

(2) On June 19, 2008, G and Defendant D drafted a written agreement stating that “The share of Defendant D among the instant conciliation protocol claims shall be set at KRW 20,000,000.”

Defendant D paid KRW 10,000,000 to G around that time.

3) On June 10, 2016, G transferred the instant claim for the instant conciliation protocol to the Plaintiff, and notified the Defendants of the transfer thereof. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 5 (which has a serial number) and the purport of the entire pleadings.

B. According to the above facts of recognition, Defendant B, C, E, and F are jointly and severally liable to pay to the Plaintiff 26,000,000,000 won calculated by subtracting KRW 10,000,000 paid by Defendant D, out of the claim 36,00,000 for the instant conciliation protocol, and as the Plaintiff seeks, 20% per annum from July 1, 2007, the day following the date of the loss of the term interest until September 30, 2015, and 15% per annum from the next day to the date of full payment. Defendant D is jointly and severally and severally liable with other Defendants to pay the said amount at the rate of KRW 20,00,000,00 paid by Defendant D, which was reduced pursuant to the instant conciliation protocol, to the day of full payment.

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