beta
(영문) 인천지방법원 2020.02.04 2019가단224879

구상금

Text

1. The Plaintiff:

A. Defendant A shall be entitled to KRW 24,053,664 within the scope of inheritance from the network D and KRW 5,91,307 among them.

Reasons

In full view of the entries in Gap evidence Nos. 1-8 (including additional numbers) and the overall purport of the pleadings, it may be recognized that the facts are the same as the grounds for the claim and the changed grounds for the claim.

Therefore, Defendant A is obligated to pay 24,053,64 won within the scope inherited from the network D and the principal amount of subrogated to 5,991,307 won; Defendant C is obligated to pay damages for delay calculated at each rate of 12% per annum from April 26, 2014 to August 31, 2015, which is the following day of each subrogation, to 16,035,77 won and 3,94,205 won; and damages for delay calculated at each rate of 12% per annum from the following day to September 9, 2019; and damages for delay calculated at each rate of 12% per annum from the following day to the date of full payment.

[Inasmuch as statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) and Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been changed to 12% per annum from June 1, 2019, the part seeking a payment for delay damages calculated at a rate exceeding 12% per annum after September 10, 2019 is without merit. The Plaintiff’s claim against the Defendants is accepted within the respective recognized scope, and each remaining claim is dismissed.