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(영문) 대전지방법원서산지원 2016.06.29 2015가단6823
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On February 28, 2014, the Defendant filed a lawsuit against the Plaintiff (appointed parties; hereinafter “Plaintiffs”) and the Appointed C (hereinafter “C”; hereinafter “Plaintiffs, etc.”) seeking payment of damages due to the Defendant’s husbands and the Plaintiff, etc.’s non-wheeled act (Seoul Southern District Court 2014Daso361161), and the Plaintiff, etc. filed a lawsuit against the Defendant on July 16, 2015 against “Defendant 24,421,241 won and its related amount from October 16, 2005 to the date of delivery of a duplicate of the complaint, 5% per annum and 20% per annum from the next day to the date of full payment, and 10 million won per annum from the Plaintiff’s non-act against the Plaintiff, etc., and 905 Seonam District Court confirmed that there is no incidental obligation against the Defendant’s Plaintiff (Seoul Southern District Court).

Since then, the above case was cultivated with six single civil forms in the Seoul Southern District Court, and continued to be 2015da225299 (main office) and 2015da225305 (Counterclaim).

On the other hand, the president of the Plaintiff et al. served the Defendant on July 23, 2015.

Plaintiff

The plaintiff, etc. is obligated to pay KRW 10 million each according to the final and conclusive judgment (Seoul Southern District Court Decision 2003Ga6419, the defendant claimed against the plaintiff et al. for the payment of damages caused by the defendant's bad will D). On the other hand, D is obligated to compensate the above money by acquiring KRW 37.65 million from the plaintiff and 4.5 million from the plaintiff, and the defendant is obligated to pay the above money as damages. The defendant is obligated to take over the debt owed by the plaintiff et al. between the plaintiff et al. and the defendant and to pay KRW 2,271,241 as damages. Since C has concluded an agreement between the plaintiff et al. and the defendant to set off the remaining debt owed by the plaintiff et al. against the defendant against the plaintiff et al., the defendant's claims against the plaintiff et al. were extinguished by set off against the defendant.

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