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(영문) 부산지방법원 2016.07.01 2014가단66549

구상금 등

Text

1. The Plaintiff:

A. Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E are jointly and severally liable for KRW 154,881,386.

Reasons

1. Claim against the Defendants other than Defendant C

A. Of the grounds for the attachment of the claim, the Defendants stated in the corresponding part, but the “Defendant F” is corrected to “Defendant E”.

(b) A, Defendant B, Defendant D, Defendant G, Defendant H, and Defendant I who are applicable mutatis mutandis to the provisions of the Civil Procedure Act: A, Article 208(3)2 and Article 150(1) of the Civil Procedure Act;

(b) Judgment by public notice: Article 208 (3) 3 of the Civil Procedure Act

C. Grounds for partial dismissal: Provided, That as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings are amended on September 25, 2015 and enforced on October 1, 2015, the part claimed by the Plaintiff in excess of 15% per annum from among damages for delay after October 1, 2015 among the Plaintiff’s claims is dismissed.

2. Claim against Defendant C

A. The facts set forth in paragraphs 1 through 4 of the attached Form for the determination of the cause of the claim do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the respective descriptions set forth in subparagraphs 1, 2, 4, 5, 6, 10, 11, 16, 17, and 18 (including the various numbers).

According to the above facts, as a joint guarantor of the insurance contract of this case, the defendant is jointly and severally obligated to pay the above indemnity amount of KRW 154,881,386 as well as 6% per annum from June 24, 2014, which is the day following the date of subrogation until July 23, 2014, which is the day preceding the date of the change in the interest rate applied until July 24, 2014; 9% per annum from the following day to August 25, 2014, which is the date of delivery of the copy of the complaint of this case; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment. However, the provisions on the statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings are amended on September 25, 2015 and enforced as the plaintiff's claim.