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(영문) 서울서부지방법원 2015.07.10 2014가단253098
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B’s KRW 50,000,000 and as to the Plaintiff, November 2014.

Reasons

1. The judgment on the claim against Defendant B was practically operated by the Defendant as to the fact that the Plaintiff was jointly and severally guaranteed with the Defendant (D) as to the obligation to pay the goods due to a molecular transaction with the Defendant’s molecular farming association (hereinafter “high Chang Farming association”), and that on June 18, 2007, the Plaintiff created a right to collateral security of KRW 70,00,000 as the maximum debt amount to the High Chang Chang Farming Association with the above payment obligations under Article 102 on the ground of Seodaemun-gu Seoul Seomun-gu, Seoul, Seoul, as the secured debt, set up a right to collateral security of KRW 61,23,888 won against the Plaintiff, and the payment order for the goods price of KRW 61,23,888 against the Plaintiff and its delayed payment damages (Seoul District Court 2009Hu46, Go Chang-gun, Seoul, Seoul, 2009) against the Plaintiff’s above right to collateral security, the Plaintiff applied for the exemption of the amount of money to the Plaintiff’s 10.

According to the above facts, the defendant is obligated to pay to the plaintiff 50,000,000 won for indemnity and 5% per annum as stipulated in the Civil Act from November 5, 2014 to December 5, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination as to the claim against Defendant C

A. This safety defense (1) is primarily selected against the defendant on the ground that the plaintiff suffered losses from the payment of KRW 50,000,000 by subrogation to the High Chang Farming Cooperative.

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