logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.30 2016가단46695
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 72,898,457 and KRW 56,165,57 among the Defendants, from January 1, 2016 to June 11, 2016.

Reasons

1. The facts of recognition are as shown in the annexed sheet of claim;

[Ground of recognition] Defendant A, B, and C: Each entry of evidence No. 1-5-1 to No. 8-5; Defendant D’s purport of the whole pleadings: Article 150(1) and (3) of the Civil Procedure Act

2. Determination

A. According to the above facts, Defendant A is the principal obligor of the instant guaranteed insurance contract, and Defendant B, C, and D are jointly and severally liable to pay to the Plaintiff the sum of KRW 72,898,457 ( principal KRW 56,165,557 KRW 16,732,90) and the principal amount of KRW 56,165,57 out of which is KRW 56,57 as the principal obligor of the instant guaranteed insurance contract, from January 1, 2016 until June 11, 2016, the date of final delivery of the copy of the complaint of this case, and damages for delay calculated at the rate of 12% per annum 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. As to Defendant C’s assertion, Defendant C’s assertion is a signature necessary for the process if the contract is accepted by Defendant C, and it is merely a signature signed by Defendant C with the guarantor who is not a party but is not responsible. As such, Defendant C’s guarantee contract is null and void. However, Defendant C’s above assertion cannot be deemed null and void on the ground that the guarantee contract cannot be deemed null and void on the ground that it is alleged by Defendant C.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

arrow