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(영문) 서울북부지방법원 2019.02.13 2018나2729
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant B by the Seoul Northern District Court Decision 2004Gada86839 against the defendant B claiming the payment of loans of KRW 20,000,000 and damages for delay on the ground that the plaintiff received the provisional coefficient mark as collateral and lent KRW 20,000,000 to the defendant B. The above court rendered a favorable judgment of the plaintiff on September 9, 2004 that "the defendant B shall pay to the plaintiff 20,000,000 and the amount calculated by the rate of KRW 20% per annum from August 12, 2004 to the day of complete payment." The above judgment was finalized on October 2, 2004.

B. The Plaintiff against Defendant B as Seoul Northern District Court 2014 Ghana58789, supra.

On April 1, 2015, the court filed a lawsuit for the extension of the prescription of a claim according to the judgment stated in the claim, and the court rendered a favorable judgment of the plaintiff on April 1, 2015, and the judgment became final and conclusive on April 24, 2015.

C. On December 15, 2016, the Plaintiff filed a lawsuit against Defendant B and C as the Seoul Northern District Court 2016Ga70561, and against Defendant B, the Plaintiff brought a lawsuit against Defendant B seeking payment of KRW 20,000,000 jointly and severally on the grounds of his/her participation in the evasion of obligations against Defendant B. On August 17, 2017, the said court dismissed the lawsuit against Defendant B and rendered a judgment dismissing the claim against Defendant C (hereinafter “the judgment of the previous lawsuit”), and the judgment of the previous lawsuit became final and conclusive on October 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 6, 9, Eul evidence 1, 5, 9, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent KRW 20,000,000 to Defendant B around March 1997, and Defendant C and D committed a tort evading Defendant B’s obligations by concealing Defendant B’s property.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 20,000,000 and damages for delay.

B. The part of the judgment against Defendant B against Defendant B is 20,000.

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