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(영문) 인천지방법원 2016.11.01 2016가단25514
대위변제금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,951,01 and the interest rate of KRW 15% per annum from May 14, 2016 to the day of complete payment.

Reasons

1. The plaintiff's decision as to the cause of the claim is the birth of the non-party C, who is the husband of the defendant, and the non-party Korea corporation established on the real estate held in the name of the defendant by the request of the defendant Eul (the maximum amount of claims KRW 100 million, the debtor: the defendant) and paid the above company a total of KRW 5,951,01, such as the secured debt and auction expenses of the right to collateral security, or there is no dispute between the parties, or the whole purport of the arguments in light of the evidence No. 1, evidence No. 2-1, evidence No. 2, evidence No. 3, and evidence No. 4.

According to the above facts, the defendant is obligated to pay the plaintiff as the substitute, the amount of 55,951,011 won by subrogation, and the damages for delay calculated by the rate of 15% per annum from May 14, 2016 to the date of complete payment, which is the day following the delivery date of the original copy of the payment order in this case filed by the plaintiff as the substitute, to the day of full payment.

The defendant set up the above right to collateral security upon request of the husband C, and argued to the effect that the debt is a substantial debt of C or is due to the need of the plaintiff, but there is no evidence to acknowledge it, and the circumstance alone does not constitute a ground to escape the payment of the above subrogated amount.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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