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(영문) 부산지방법원 2018.10.26 2016가단342056

구상금등 청구의 소

Text

1. Defendant A and B Co., Ltd. are jointly and severally liable to the Plaintiff for 109,06,930 won and, among them,

(a) As regards KRW 49,066,930,000.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant A (hereinafter “Defendant A”) and Defendant B

A. The facts in the attached form of claim are deemed to have been led by the Defendant A pursuant to Article 150 of the Civil Procedure Act among the Plaintiff and the Defendant A, and the Plaintiff and the Defendant B may be acknowledged by the respective entries and arguments in subparagraphs A through 4 (including each number), and there is no reflective evidence.

B. If so, Defendant A and Defendant B jointly and severally liable to the Plaintiff for indemnity amounting to KRW 109,06,930 and KRW 1.6% per annum from August 3, 2016 to September 1, 2016, annual interest rate of KRW 9,066,930 from the following day to October 1, 2016, annual interest rate of KRW 12% per annum from the following day to November 1, 2016, annual interest rate of KRW 15% per annum from the following day to the date of full payment, and annual interest rate of KRW 60,000 from the following day to the date of full payment, annual interest rate of KRW 15% per annum from the following day to the date of full payment, and annual interest rate of KRW 60,000 from the day after August 5, 2016 to September 3, 2016 to the date of full payment.

The Plaintiff sought payment of 12% per annum from November 3, 2016 to the last service date of a copy of the complaint in this case, and damages for delay calculated at the rate of 15% per annum from the next day to the day of complete payment. However, since the last delivery date of the copy of the complaint in this case on November 1, 2016, the above damages for delay should be calculated as above.

2. Determination as to the Plaintiff’s claim against Defendant C

A. On May 30, 2016, Defendant B entered in the separate sheet (hereinafter “instant real estate”) between Defendant C and Defendant C on May 30, 2016.

(1) The sales contract is set at KRW 145,00,000 with respect to the sales amount (hereinafter “the sales contract”).