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(영문) 전주지방법원 2017.09.13 2016가단24934

구상금

Text

The Defendant’s KRW 38,510,759 and KRW 38,510,108 among the Plaintiff’s KRW 38,510 and KRW 15% per annum from September 27, 2011 to September 27, 2013.

Reasons

In full view of the purport of the entire arguments in Gap evidence 1 and 5, the facts of the changed reasons for the claim can be acknowledged.

The special representative B of the defendant company asserts that he is not responsible for the defendant company because he was the deceased C's father who was the representative director of the defendant company. However, the claim of this case is not against the deceased C's individual but against the defendant company. Therefore, it is without merit.

If so, the defendant company is obligated to pay to the plaintiff 38,510,759 won in total and 38,50,108 won in subrogation, which is the date of subrogation, 15% per annum from September 27, 2011 to September 27, 2013, and 12% per annum from the following day to February 14, 2017, which is clear that the delivery date of a copy of the application for change of the purport of the claim and the cause of the claim is the date of delivery of a copy of the application for change, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Therefore, the plaintiff's claim is justified and accepted.