logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.24 2014가단234887
구상금
Text

1. The Defendants, within the scope of the net C’s inherited property, shall not exceed KRW 58,961,870, respectively, and each of their respective money 11,379.

Reasons

1. Facts of recognition;

A. The Grand Timber Co., Ltd. leased two machinery and equipment from Han-U.S. Lease, and the Plaintiff guaranteed the Plaintiff’s debt, such as the lease fee, etc. for Han-sung Timber Co., Ltd.

B. Meanwhile, the network C is above the Plaintiff.

In the event of the performance of the guaranteed obligation stated in the port, a joint and several liability for indemnity against the plaintiff of the large timber in question was made.

C. The Plaintiff received notice of the occurrence of a guarantee accident from Han-U.S. Lease (State) and paid Han-U.S. Lease (State) KRW 24,603,439 and KRW 11,941,830 around July 7, 1995.

On the other hand, the deceased C died on August 13, 199, and all of the first inheritors were tried to accept the declaration of renunciation of inheritance, and the Defendants, who were the next inheritors, were tried to accept the declaration of renunciation of inheritance. The Defendants, as the next inheritors, were tried to accept the declaration of succession to inheritance to the Incheon District Court 2015Radan87.

E. Meanwhile, as of October 31, 2014, the amount of the unredeemed reimbursement obligation of the present network C as of October 31, 2014 is KRW 117,923,740 (principal KRW 95,163,921, including delay damages of KRW 22,759,819).

【Ground for Recognition: Facts that there is no dispute between the parties, or there is no clear dispute between them, Gap evidence 1 through Gap evidence 7 through 1, and the purport of whole pleadings】

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 1, 2014 to the date following the date following the base date for calculating the principal and interest of the liability for reimbursement, with respect to KRW 58,961,870, each of which is KRW 11,379,90 (the Defendant’s respective inheritance shares) and each of which is KRW 11,379,909, out of the respective inheritance shares, within the scope of the net C’s inherited property.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

arrow