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(영문) 서울중앙지방법원 2015.07.14 2015가합3124
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 220,00,000 and the interest rate of KRW 15% per annum from March 1, 2005 to the date of full payment.

Reasons

1. Claim against the defendant B

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

(b) Article 208(3)3 of the Civil Procedure Act:

2. Claim against Defendant C

A. Fact 1) The Plaintiff filed a lawsuit against the Defendants (Seoul Central District Court 2002Gahap72533), and rendered a decision in lieu of conciliation on February 1, 2005 (2004 money 16057). The Defendant C raised an objection against the decision in lieu of conciliation. (2) On October 6, 2005, the above court rendered a judgment on October 6, 2005 that “the Defendant C shall pay to the Plaintiff 5% per annum from December 28, 1998 to October 6, 2006, 200% per annum from the next day to the date of full payment (hereinafter “instant judgment”). The above judgment became final and conclusive (hereinafter “instant judgment”).

3) Based on the instant judgment, the Plaintiff seized the corporeal movables of Defendant C and commenced a compulsory execution procedure (Seoul Central District Court 2009No. 10655). On January 13, 2010, Defendant C repaid the principal and interest on the instant judgment, the total execution cost (5,093,033 Won = principal = 2,261,538 Won 2,69,595 KRW 131,900).

B. According to the facts of the above recognition, the Plaintiff’s claim against Defendant C in the instant judgment was extinguished on January 13, 2010 by paying the full amount.

The plaintiff's claim against the defendant C is without merit on the premise that the decision substituting the above conciliation extends to the defendant C.

3. The plaintiff's claim against the defendant B is accepted on the ground of the reasons, and the claim against the defendant C is dismissed on the ground of the reason.

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