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(영문) 서울중앙지방법원 2019.09.27 2019가단5088978
구상금
Text

1. The Plaintiff:

A. Defendant B’s KRW 192,169,013 as well as 5% per annum from March 22, 2019 to September 4, 2019.

Reasons

1. Determination on the cause of the claim

(a) The facts of recognition are as shown in the part of the facts of “the cause of the claim” in the annexed Form;

[Grounds for recognition] Evidence Nos. 1 through 11, and the purport of the whole pleadings

B. According to the above facts of recognition, Defendant B and the network D may be deemed to have suffered damages equivalent to KRW 192,169,013, such as the above loans, from joint tort, to E., and the Plaintiff may exercise by subrogation the right to claim damages against Defendant B and network D pursuant to Article 682 of the Commercial Act.

Therefore, Defendant B and Dong jointly have the obligation to pay the Plaintiff the above KRW 192,169,013 and the damages for delay.

2. Comprehensively taking account of the purport of the entire pleadings in the statement No. B and No. 1 regarding Defendant C’s defense of qualified acceptance, the fact that Defendant C left the Defendant C, the mother of his/her heir on December 26, 2017, and the Defendant C, on March 20, 2018, filed a qualified acceptance report on the inheritance of the deceased D’s property on May 29, 2018, by filing a qualified acceptance report on the inheritance on May 20, 2018.

According to the above facts of recognition, Defendant C is obligated to pay the above money to the Plaintiff within the scope of the property inherited from the network D.

3. In conclusion, Defendant B shall pay to the Plaintiff the amount of KRW 192,169,013 as well as the amount of KRW 5% per annum from March 22, 2019 to September 4, 2019, the delivery date of a copy of the complaint of this case, and 12% per annum from the next day to the day of complete payment as stipulated by the Civil Act. Defendant C shall, within the scope of property inherited from the network D, pay the amount of KRW 192,169,013 as well as the amount of KRW 192,169,013 as jointly with the Defendant B, from March 22, 2019 to July 9, 2019, the delivery date of the copy of the complaint of this case, calculated by 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

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