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(영문) 서울중앙지방법원 2015.09.25 2015가단32637
구상금
Text

1. The Plaintiff:

A. Defendant Seojin-si Co., Ltd., and A and B jointly and severally KRW 152,625,081 and KRW 149,672,636 among them.

Reasons

1. Claim against the defendant Slicker, A, and B

(a)as shown in the grounds for the change in the attachment of the claim;

B. Article 208 (3) 2 of the Act on the Grounds of Civil Procedure (Voluntary Confession)

2. Inasmuch as each of the facts stated in the grounds of the change in the attachment of the claim against Defendant C does not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the entries and arguments in the evidence Nos. 1 through 6, and all of the arguments, Defendant C is jointly and severally liable to pay to the Plaintiff KRW 100,000,00, which is the amount of joint and several guarantee, out of the damages for delay in the amount of KRW 152,625,081 and KRW 149,672,636.

In regard to this, Defendant C’s assertion to the effect that the Plaintiff’s claim against Defendant C cannot be complied with since it renounced inheritance on the deceased’s inherited property, a joint guarantor under the insurance contract of this case, but the Plaintiff’s claim against Defendant C is not about the obligation inherited from the deceased D, but about the partial joint guarantee obligation for the insurance contract of Defendant C itself. Thus, Defendant C’s assertion is without merit.

3. If so, the plaintiff's claim against the defendants is justified.

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