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(영문) 서울동부지방법원 2020.05.26 2019가단132811

구상금

Text

1. The defendant shall pay to the plaintiff KRW 31,07,275 as well as KRW 16,796,750 as to the plaintiff. From June 22, 1998 to August 31, 1998.

Reasons

1. Basic facts

A. On March 23, 2009, the Plaintiff filed an application against the Defendant for a payment order of indemnity, etc. with the Seoul Western District Court Decision 2009 tea2904, and on March 23, 2009, the payment order (hereinafter “the payment order of this case”) was issued from the above court with the content that “the Defendant shall pay the Plaintiff 21,54,137 won and 20,65,697 won as to the Plaintiff, 25% per annum from June 22, 1998 to August 31, 1998, 20% per annum from the next day to December 31, 1998, 20% per annum from the next day to May 9, 2009, and 20% per annum from the next day to the date of full payment.” The payment order of this case became final and conclusive on May 26, 2009.

B. On April 3, 2015, the Plaintiff received reimbursement of KRW 3,858,947 from the Defendant, etc. on April 3, 2015. The Plaintiff filed an application for the remainder of the claim amounting to KRW 17,695,190 (= KRW 21,54,137 - KRW 3,858,947), and KRW 3,858,947, which was partially repaid, for interest (Evidence 2), KRW 11,662,898, which was incurred until the date of repayment, and KRW 3,204,914, which was incurred by the Plaintiff for compulsory execution on June 20, 2019 (Evidence 4), for the remainder of the claim amount based on KRW 164,137 - KRW 3,858,947, and KRW 297,197, KRW 2197, KRW 2097, KRW 19757, and KRW 197.5.7.7.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6

2. According to the above facts finding as to the cause of the claim, the defendant's 25% per annum from June 22, 1998 to August 31, 1998, and 20% per annum from the next day to December 31, 1998, as requested by the plaintiff among the 31,007,275 won and the balance 17,695,190 won and the plaintiff's 16,796,750 won.