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(영문) 광주지방법원 2017.01.17 2016가단519565

구상금

Text

1. The defendant, jointly and severally with Dlim Development Co., Ltd. and B, as to KRW 104,612,865 and KRW 101,895,465 in double amount, respectively. < Amended by Act No. 7216, Dec. 16, 2004>

Reasons

1. The plaintiff filed a claim for indemnity against the defendant, etc. around 2006, and was ruled in favor of the plaintiff that "the defendant shall pay to the plaintiff 151,69,07 won jointly and severally with C and 46,29,452 won among them, 101,89,465 won per annum from December 16, 2004 to May 31, 2005; 18% per annum from the next day to December 13, 2005; and 20% per annum from the next day to the date of full payment."

(Seoul District Court Decision 2006Da45355 delivered on July 13, 2006). The above judgment became final and conclusive on August 5, 2006.

【Ground of recognition】 Evidence Nos. 1 and 2

2. The plaintiff filed the lawsuit in this case for the interruption of extinctive prescription against the claim for the judgment amount. The defendants answer to the purport that the repayment in installments is intended, and they do not dispute the plaintiff's claim.

Therefore, the Defendants jointly and severally seek the Plaintiff, as to KRW 104,612,865 and KRW 101,895,465 and KRW 18% per annum from December 16, 2004 to May 31, 2005, the agreed interest rate of 15% per annum from the next day to December 13, 2005, and 20% per annum from the next day to September 30, 2015 under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings was amended by Presidential Decree No. 26553, Sept. 25, 2015; the annual interest rate of KRW 15% from October 1, 2015; and the damages for delay calculated from the next day to the day of full payment as above is the duty to pay the damages for delay calculated as above.

3. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.