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(영문) 수원지방법원 여주지원 2017.01.11 2015가단24296
집행판결
Text

1. Between the Plaintiff and the Defendant, the United States District Court for the District of the United States of America for the District of Doi District.

Reasons

1. Basic facts

A. The plaintiff and the defendant are siblings.

B. C (A) and two other parties (hereinafter referred to as “C”) filed a lawsuit against the Plaintiff, the Defendant, D (E), and F on the grounds of fraud and contract breach. The lawsuit was initiated by the U.S. Plaland Emba City Circuit.

On December 2, 1998, the above court rendered a judgment against the Plaintiff, Defendant, D, and F, the Defendants of the above lawsuit, and the amount ordered to be paid in the above judgment was USD 141,090,090.

C. Around December 2001, the Plaintiff filed a lawsuit against the Defendant, D, and F in the Northern District Court of the United States of America (hereinafter referred to as the “instant court”). The Plaintiff’s assertion in the said lawsuit (hereinafter referred to as the “instant lawsuit”) was as follows.

The plaintiff was merely a guarantor of the defendant, D, and F, and was sentenced to the judgment against the co-defendant in the above lawsuit brought by C. Accordingly, the defendant, D, and F had a duty to pay US$ 141,059.44 and interest thereon to the plaintiff. In addition, since the defendant, D, and F have agreed to pay the plaintiff the amount paid to C, the expenses borne by the plaintiff, and the expenses borne by the plaintiff, and the attorney's expenses are implicitly agreed to pay the plaintiff. Thus, the defendant, D, and F are liable to pay US$ 141,059.44 and interest thereon to the plaintiff.

Defendant, D, and F did not appear on the trial date of the instant lawsuit, and the said lawsuit was pending in the court.

The court of this case omitted "F" in the lawsuit of this case, "A" and "B" in paragraph (2) of the defendant and D'D' (Evidence A No. 4-1).

The principal amount shall be 141,059.44, US$499.50, US$499.50, and the litigation costs shall be the date of this decision.

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