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(영문) 서울중앙지방법원 2016.07.28 2015가단5057396
손해배상(기)
Text

1. Defendant B’s KRW 120,000,000 as well as 5% per annum from March 31, 2012 to April 6, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 26, 2001, the Plaintiff filed an application for a payment order with the Seoul Central District Court 2001Guj3720, which sought the payment of loans, etc. against Defendant B, and the above court issued the payment order to the effect that “Defendant B shall pay to the Plaintiff KRW 45,00,000 and delay damages therefor,” and the above payment order was finalized on March 31, 2001.

B. Based on the executory exemplification of the above payment order, the Plaintiff was issued with the Seoul Western District Court E (the claim amounting to 5,51,744 won), 2003TTT712 (the claim amount to 15,516,90 won), 2004TTT4121 (the claim amount to 88,452,533 won), the Plaintiff, the obligor B, and the third obligor type (the former husband of the Defendant B), and the Seoul Family Court No. 2001Dhap8622 (Seoul High Court 2003Reu1250), which indicated the claims to be seized and collected by the obligor against the third obligor, and the collection order was issued.

C. The Seoul High Court 2003Reu1250 (main lawsuit), 2003Reuu1267 (Counterclaim), etc. between Defendant B and the type of the case was established voluntarily as of October 7, 2004. The Defendant B and the type of the division of property, under the agreement that “The type of the property division between Defendant B and Defendant B, on the condition that “the type of the property division shall be fulfilled and extinguished by the repayment of each obligation owed by the creditors, such as the Plaintiff and the seizure including the Defendant C,” provided that “the procedures for the registration of transfer of ownership of the site and the building on the site and the ground of the hospital, such as leisure F, shall be taken over from the type of the above hospital, and the Defendant B shall take over the obligation to return the lease deposit for the building on the above hospital.”

Defendant C, an attorney-at-law, was the legal representative of Defendant B in the claim for divorce, etc., and had a loan and other claims against Defendant B, and Defendant D, Defendant C, also, was also liable to Defendant B’s Japanese bank and G.

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