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전주지방법원 2015.07.14 2014가단30294

구상금

Text

1. As to the Plaintiff’s joint and several KRW 88,132,613 and KRW 86,736,115 among the Plaintiff’s joint and several costs, Defendant limited liability companies, and B, August 21, 2014.

Reasons

1. The grounds for the claim in the separate sheet against the defendant limited liability company A and B do not dispute between the plaintiff and the above defendants, or can be recognized by adding the whole purport of the pleadings to the respective statements in the evidence Nos. 1 through 7. Thus, the defendant limited liability company A and B are jointly and severally liable to pay to the plaintiff 8,132,613 won and 86,736,115 won, which were subrogated by the plaintiff, from August 21, 2014 to September 15, 2014, the date of the final delivery of the complaint of this case until September 15, 2014, the agreed interest rate of 12% per annum, and damages for delay by 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The part of the claim against the defendant C and D

A. Basic facts 1) On August 21, 2014, Defendant Company’s liability for reimbursement against the Plaintiff for the same amount as that of paragraph (1) (hereinafter “instant liability for reimbursement”).

(2) On October 2, 2013, prior to the occurrence of the instant obligation for indemnity against the Plaintiff, the Defendant Company entered into a sales contract with Defendant C to sell each of the real estate listed in the attached Table 1 (hereinafter “instant real estate”) at KRW 1,087,00,000 (hereinafter “instant sales contract”) on October 2, 2013, prior to the date of the conclusion of the pleadings in this case. The Defendant Company entered into a provisional registration for the right to claim ownership transfer under the name of Defendant C (hereinafter “the instant provisional registration”) on April 15, 2014, under the receipt of the all-round District Court indictment No. 48538, April 15, 2014.

3) From November 4, 2013 to March 17, 2014, Defendant Company borrowed a total of KRW 331,950,000 between Defendant C and D, and to secure this, Defendant Company and the said Defendants to establish a mortgage agreement, the same as the attached Table 2 (hereinafter “instant mortgage agreement”).

for this reason, each of the real estates in this case shall be entered into.