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(영문) 광주지방법원 2013.04.05 2012가단505407

구상금

Text

1. The Defendants are 42,038,130 won to each Plaintiff and 5% per annum from September 5, 200 to August 23, 2001.

Reasons

1. Basic facts

A. On August 10, 200, the Plaintiff filed a claim for reimbursement against the Defendants on behalf of the Defendants in subrogation of the bereaved family’s right to claim damages against the Defendants within the scope of bereaved family’s benefits paid by Defendant B to his bereaved family members by subrogation of the bereaved family’s damages against the Defendants within the scope of bereaved family’s benefits paid by the deceased.

B. On May 10, 2002, the above court rendered a judgment on May 10, 2002 that "the defendants shall pay to each plaintiff 42,038,130 won with 5% per annum from September 5, 2000 to August 23, 2001, and 25% per annum from the next day to May 31, 2003."

(hereinafter referred to as “instant prior suit judgment”). C.

The defendants were served with the original copy of the judgment of the previous suit of this case and did not appeal, and the above judgment became final and conclusive on June 14, 2002.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are obligated to pay to each of the Plaintiff the debt amounting to 42,038,130 won and damages for delay established by the judgment of the previous suit of this case. The Plaintiff’s lawsuit of this case is for the interruption of the extinctive prescription of the claim based on the final judgment.

3. The Defendants asserted that there was no fact that Defendant B did murdered with knife B, and that the above Defendant, who was merely 15 years of age, was sentenced to the judgment of the previous suit of this case on the premise of criminal case conviction in the situation where he was sentenced to a false confession on the ground of illegal demotion by the investigative agency and sentenced to a ten-year imprisonment with labor, etc., and thus, cannot respond to the Plaintiff’s claim of this case

Domins, Domins, already finalized.