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(영문) 인천지방법원 2017.09.28 2016가단237973
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 21,50,000 and the interest rate of KRW 15% per annum from May 1, 2017 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Determination as to the claim against the defendant B

(a) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. Defendant B is obligated to pay the Plaintiff damages amounting to KRW 21,50,000 and damages for delay calculated at the rate of 15% per annum from May 1, 2017 to the date of full payment, which is the day following the date of final delivery of a copy of the complaint of this case.

3. The plaintiff alleged that, as to the claim against the defendant C, the defendant C is liable for joint tort since he concluded the sub-lease contract of this case without notifying it to the plaintiff even though he was aware of the defendant C as well as the fact that the extradition lawsuit of this case is in progress with respect to the store of this case. However, the plaintiff's assertion against the defendant C is insufficient to recognize the plaintiff's assertion only by the descriptions or images of the evidence Nos. 1 through 7. The plaintiff's assertion against the defendant C is without merit.

4. In conclusion, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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