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(영문) 서울중앙지방법원 2019.11.06 2019가단25125
구상금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,045,113,749 and KRW 414,909,858.

Reasons

Attached Form

The facts of the cause of the claim are deemed to have been led to the confession of the above Defendants pursuant to Article 150(3) and (1) of the Civil Procedure Act among the Plaintiff, Defendant D, E, and F, and there is no dispute between the parties between the Plaintiff, Defendant C, and C, or between Company G, or it can be acknowledged by the descriptions of evidence A1 through 6.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 1,045,113,749 as well as the amount of KRW 414,9,858 as interest per annum from January 6, 2016 to the date of full payment.

As to this, Defendant C and G discontinued discontinued all of the Defendants, and the representative liquidator, obtained bankruptcy or immunity from the court, and therefore, they asserted that they did not have any obligation to repay the above obligation. However, the Plaintiff merely claims the transfer money to the said Defendants, and does not claim against H, the representative of the said Defendants, and thus, the determination of H’s bankruptcy or immunity does not affect the establishment of the above Defendants’ obligation to pay the claim amount or liability. The mere fact that the said Defendants discontinued their business, the said Defendants’ obligation to pay the claim is not extinguished. Thus, the Defendants’ assertion cannot be accepted.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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