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(영문) 서울중앙지방법원 2017.08.09 2016가단5214325
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 6,391,58 and KRW 2,076,147 among them, Defendant B shall be jointly committed against the Plaintiff on October 18, 2016.

Reasons

1. Facts of recognition;

A. A. A lawsuit between the Plaintiff and Defendant B was legally married. Around October 2012, the Plaintiff filed a lawsuit against Defendant B for divorce, consolation money, division of property, and past childcare expenses. Around October 2012, the Plaintiff filed a lawsuit against Defendant B, and the Plaintiff filed a claim for provisional attachment of real estate at KRW 176,750,00 with respect to the amount of claim against D apartment 104, 301, Seoul Mapo-gu, Seoul (hereinafter “instant apartment”). On October 8, 2012, the Plaintiff filed an application for provisional attachment of real estate at KRW 176,750,000, and on October 8, 2012, the provisional attachment registration was completed as Seoul Family Court 2012 businessz.

(3) On May 30, 2014, the Plaintiff and Defendant B divorced from the Defendant on May 30, 2014 (hereinafter “instant provisional attachment”). The conciliation was concluded on the following grounds: “Around October 31, 2014, the Plaintiff and Defendant B received property division of KRW 1.70 million from the Defendant, and at the same time, withdrawn the application for the instant provisional attachment and filed an application for termination of enforcement,” and the Plaintiff and Defendant B divorced. (B) On September 5, 2013, the Defendants drafted a loan certificate with the maximum debt amount of KRW 1.7 million on the instant apartment (hereinafter “the instant loan certificate”). As to the instant apartment, the Plaintiff and the Defendant were divorced. (1) On September 5, 2013, the Defendants drafted a loan certificate with the creditor C, the debtor B, the debtor, and the maximum debt amount of KRW 200,000,000.

(2) Defendant C filed an application for payment order with Defendant B on February 4, 2015, based on the instant loan certificate. “Defendant C shall pay 200 million won to Defendant C with 12% per annum from September 5, 2013 to the service date of the original copy of the payment order, and 20% per annum from the next day to the day of full payment.” The payment order issued on February 13, 2015 to Defendant B was served on February 17, 2015 and became final and conclusive on March 4, 2015.

(c).

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