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(영문) 서울고등법원 2017.01.13 2014나33309
연대보증금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 176,629,324 on November 2013.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a company that runs the wholesale and retail business of feed sales, etc., and the Defendant is a C and D’s child who has engaged in both money sales.

B. The Plaintiff’s claims against C and D supplied feed to D on credit until the end of May 2003. As of August 13, 2003, the Plaintiff filed an order for payment with D as 176,629,324 won with D and C’s government support 2003 tea 11850, and the payment order was issued on September 1, 2003, including “C and D jointly and severally pay to the Plaintiff 176,629,324 won and 24% per annum from June 1, 2003 to the date of full payment,” and the above payment order was finalized on October 10, 203.

(hereinafter “instant payment order”). C.

(1) The Plaintiff filed an application for compulsory execution against the movables owned by C and D as the title of execution of the instant payment order with respect to the payment order, and the movables owned by C and D were seized on July 5, 2012, which are the residence of C and D. 2) on July 25, 2013, which is the sale date of the said movables, the Plaintiff consulted with the Defendant on July 25, 2013 on the repayment of part of C and D’s obligations on behalf of the Defendant. The agreement asserted by the Plaintiff at the time of the sale date (hereinafter “instant agreement”), which is the part asserted by the Defendant that the Defendant had arbitrarily added and altered the said assets.

The creditor of the agreement: The amount of claim C and D: the amount of 1/10 of the claim amount of C and D support 2012.323, the amount of the above agreement (the amount of goods 2003j11850) shall be settled by mutual agreement with 1/10 of the claim amount of C and D support 2012.323.

Provided, That if the amount to be paid partially in the fire insurance is in excess of 1/10, it shall be treated as insurance money.

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