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(영문) 서울북부지방법원 2018.08.14 2018가단784
대위변제금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from February 28, 2009 to November 28, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against C with the Panel Division of Seoul District Court 2002Gahap4917, and the above court around October 10, 2002, “C shall pay the Plaintiff KRW 300,000,000,000,000 to the day before October 31, 2002, on condition that in the event of the payment due, the payment shall be made in addition to the damages for delay calculated at 25% per annum from November 1, 2002 to the day of full payment,” and the above decision became final and conclusive around October 29, 202.

B. On November 21, 2008, the Defendant issued to the Plaintiff a certificate of responsibility stating that “The Plaintiff agreed to actively assist the Plaintiff in recovering KRW 100,000,000 from C until February 27, 2009, and if it is impossible to recover until the above date, the Plaintiff shall pay the Plaintiff the amount by subrogation.”

(hereinafter referred to as “each of the instant notes”) C.

However, the Plaintiff did not receive a refund of KRW 100,000,000 from C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, according to the letter of this case, the defendant is obligated to pay to the plaintiff 100,000,000 won with 5% per annum as prescribed by the Civil Act from February 28, 2009 to November 28, 2017, the delivery date of the copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. On the part of the defendant's argument, the defendant asserts that the defendant is not liable since he paid KRW 100,000 to the plaintiff around September 21, 2007.

In full view of the purport of the entire pleadings in the statement No. 4, it is recognized that the Defendant paid KRW 100,000,000 to the Plaintiff around September 21, 2007 with respect to the Plaintiff’s obligation.

However, each of the instant statements was prepared after the payment of the above KRW 100,000,00, and the above facts alone are the defendant's obligations under each of the instant statements.

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