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(영문) 대전지방법원홍성지원 2020.06.03 2019가단3936
손해배상(기)
Text

1. Defendant B: (a) each of the KRW 34 million to the Plaintiff (Appointed Party) and the appointed parties; and (b) from September 1, 2018 to December 1, 2019.

Reasons

1. The following facts are acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, and 3.

A. On May 2017, the Plaintiff (Appointeds) and the designated parties are those who paid the fraternity by joining the 50 million won number system established by Defendant B, and Defendant C is the husband of Defendant B, and Defendant D is the second son of Defendant B.

B. Defendant B did not pay KRW 34 million to the Plaintiff (Appointed Party) and the appointed parties, even though he/she had been on or around August 2018.

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff (Appointed Party) and the appointed parties each amount of KRW 34 million and damages for delay calculated by the rate of 5% per annum under the Civil Act from September 1, 2018 to December 23, 2019, which is the delivery date of a copy of the complaint of this case, from September 1, 2018 to December 23, 2019, which is the delivery date of a copy of the complaint of this case.

3. Determination as to the claim against Defendant C and D

A. On April 2, 2018, Defendant C and D are obliged to pay the amount of money as stated in the purport of the claim, as compensation for tort, to Defendant C and D’s business registration of Defendant B, with respect to the building and land of Chungcheongnam-gun Hong-gun F and the maximum debt amount of KRW 168,00,000,000, in order to prevent Defendant B from discharging his/her obligations.

B. Defendant C’s assertion is merely the owner of the F building and the land in Chungcheongnam-gun, and Defendant D did not interfere with the compulsory execution against Defendant B.

B. In full view of the above evidence and the purport of the entire pleadings, it is only recognized that the building and land of the Hongsung-gun F, Chungcheongnam-gun was owned by Defendant C from the beginning.

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