구상금
1. The defendant is jointly and severally with C to the plaintiff 85,409,090 won and 83,686,174 won among them. < Amended by Presidential Decree No. 20619, Jul. 14, 2008>
1. The court of the first instance, which filed a lawsuit against the defendant and C seeking the amount of indemnity, etc. on December 19, 2008, sentenced that "the defendant jointly and severally with C to the plaintiff 83,687,430 won and 83,686,174 won among them shall be paid 14% per annum from July 14, 2008 to November 22, 2008, and 20% per annum from the next day to the date of full payment." The judgment became final and conclusive around that time.
After that, the 1,721,660 won is additionally incurred.
[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings]
2. Determination
A. The defendant and C jointly and severally are jointly and severally liable to pay to the plaintiff 85,409,090 won (the above 83,687,430 won by subrogation) and 83,686,174 won by subrogation from July 14, 2008 to November 22, 2008 and 20% per annum from the next day to the day of full payment.
B. On this issue, the Defendant asserts to the effect that the Plaintiff’s claim is unjustifiable since the Defendant was declared bankrupt and exempted from immunity.
The plaintiff does not dispute the fact that D, the representative of the defendant, was subject to bankruptcy and immunity. However, the defendant's claim in this case is not a claim against the defendant's representative, and the defendant's claim in this case is not accepted.
3. citing the Plaintiff’s claim.