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(영문) 서울동부지방법원 2018.09.14 2018가단4773
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 as well as the interest rate from January 1, 2008 to the day of full payment.

Reasons

1. According to the evidence evidence Nos. 1, 2, and 3, the Plaintiff filed a lawsuit against the Defendants for the return of the agreed amount under the Seoul Southern District Court 2007Gahap24047, and was sentenced to a favorable judgment on May 15, 2008. The judgment can be recognized as the facts established on June 5, 2008 for Defendant B farming association and on February 14, 2009 for Defendant C. The fact that the Plaintiff filed the lawsuit of this case on March 15, 2018 for the purpose of the extension of the prescription period for the claims for the agreed amount (investment revenue) against the Defendants confirmed by the above judgment is clear.

Therefore, the Plaintiff’s claim against the Defendants is for the extension of prescription, and there is a benefit of protection of rights. Barring special circumstances, the Defendants are jointly and severally liable to perform the obligations under the above judgment against the Plaintiff.

2. Defendant B’s agricultural partnership asserted that the Plaintiff recovered all of the above claims after receiving dividends from February 25, 2010 during the auction procedure for real estate auction on forest land E in Seosan-si owned by Nonparty D, but there is no evidence to acknowledge this, the above assertion is without merit.

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

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