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(영문) 서울서부지방법원 2017.01.12 2016가단241402
환수금
Text

1. jointly and severally with D, Defendant A and Defendant B pay KRW 20 million to the Plaintiff, and Defendant C pay KRW 25 million to the Plaintiff.

2...

Reasons

1. Each statement in Gap evidence Nos. 1 through 3 (including additional numbers) can be acknowledged as the facts constituting the grounds for the attached claim in full view of the whole purport of the pleadings. As such, the defendants, a joint and several surety of D, are jointly and severally liable to pay to the plaintiff KRW 20 million, the guarantee limit of D's recovery obligation of KRW 31,364,606 (Defendant A, B), 25 million (C).

2. In regard to this, the Defendants committed an unfair act that D bears the obligation to recover the amount even if the amount received from the Plaintiff is not the fee, not the fee, or even if the insurance contract becomes invalidated without any cause attributable to Defendant B, A, and D, and the obligation to recover the amount was established.

Even though the statute of limitations has expired (Defendant C), it cannot be accepted as any assertion that is contrary to or proven in the above facts.

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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