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(영문) 서울중앙지방법원 2015.08.13 2015가단5009076
구상금 등 청구의 소
Text

1. Defendants A and B shall jointly and severally serve as the Plaintiff KRW 92,659,495 and as to KRW 91,216,035, among the Plaintiff, from January 15, 2015 to March 15, 2015.

Reasons

1. The reasons for the claim are as shown in the annexed sheet of claim;

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above basic facts as to the claims against Defendant A and B, Defendant A and B are jointly and severally liable to pay to the Plaintiff 92,659,495 won (the additional guarantee fee of KRW 91,216,035) (the legal procedure cost of KRW 482,790, the additional guarantee fee of KRW 960,670), and 91,216,035 won among them, 14% per annum from January 15, 2015 to March 10, 2015, the delivery date of the complaint of this case, and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. As to the claim against the defendant C

A. The facts of recognition 1) around October 27, 2010, Defendant C leased KRW 100 million to Defendant A and B, who are married couple, as of October 26, 201 (the maturity was extended later, and the interest was changed to KRW 1.5 million per month on February 26, 2014.

(2) Defendant A did not pay interest from May 2014. However, on September 1, 2014, Defendant A entered into a contract with Defendant C to sell each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) at KRW 50 million to Defendant C.

(3) The Defendants agreed to set off the claim for down payment and the claim for the above loan, and the payment of the intermediate payment is substituted by Defendant C’s assumption of an obligation for one bank’s loans secured by each of the instant real estate, and the remainder of KRW 34 million calculated by deducting the interest in arrears of KRW 60 million from the remainder of KRW 40,000,000 from the remainder of KRW 40,000. Accordingly, Defendant C paid KRW 34 million to Defendant A on the same day, and Defendant A completed the registration of ownership transfer for each of the instant real estate on the same day.

5 Defendant C shall on September 2014.

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