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(영문) 서울북부지방법원 2017.04.11 2016가단35069
각서금
Text

1. The Plaintiff, Defendant A and B shall be jointly and severally 26,000,000 won, and Defendant C shall be jointly and severally and severally with the above Defendants.

Reasons

1. Basic facts

A. On January 24, 2008, the Plaintiff leased the part of the Plaintiff’s automobile (hereinafter “Plaintiff’s vehicle”) to D on January 24, 2008. Defendant A operated the Plaintiff’s vehicle with the consent of Defendant D, and the Plaintiff’s vehicle was destroyed due to the occurrence of an accident.

B. Accordingly, on November 12, 2008, the Plaintiff filed a claim suit, including rent, against D with Seoul Northern District Court Decision 2008Gadan58203, and rendered a judgment on November 12, 2008 that “D shall pay to the Plaintiff 44,568,737 won and damages for delay calculated at the rate of 20% per annum from August 30, 2008 to the date of full payment.” The above judgment became final and conclusive around that time.

C. Defect that the Plaintiff would file a criminal complaint with Defendant A and D, and on April 8, 2012, Defendant A paid the Plaintiff the amount of KRW 40 million to the Plaintiff until the end of April 2012, the amount of KRW 10 million is paid by the Plaintiff.

D Any balance remaining after deducting the amount paid by D and the above KRW 10 million shall be paid in 100,000 per month in installments, and all civil and criminal responsibilities shall return to the datum if each letter is not made.

“A written statement (hereinafter “each of the instant statements”) was prepared and delivered. At the time, Defendant B, the father of Defendant A, signed and sealed the written statement as a guarantor. Defendant C, the father of Defendant C, who is a major D, paid KRW 10 million up to September 3, 2012, and Defendant C, the joint guarantor, to withdraw a criminal complaint against D, and to submit a written statement of payment (hereinafter “written statement of payment”). D. The written statement of payment was drawn up and issued that “A, the joint guarantor, shall submit a written statement of payment.”

Defendant A paid to the Plaintiff a total of KRW 13 million on April 30, 2012, and KRW 10 million on July 20, 2012, and KRW 13 million on October 24, 2012, respectively. D, upon paying the Plaintiff KRW 5 million on October 10, 2013, drafted an agreement with the Plaintiff to pay KRW 5 million in installments after May 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul.

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