beta
(영문) 서울동부지방법원 2018.09.11 2018가단105584

구상금

Text

1. The defendant shall pay to the plaintiff KRW 45,823,427.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. In addition to the whole purport of the pleadings in the evidence Nos. 1 to 4 of the judgment as to the cause of the claim, the plaintiff filed a lawsuit against the defendant and the defendant corporation, Yang Jong-electric, B (C), D, and New Mine Co., Ltd., including the amount of indemnity 2006Gahap101712, and filed a lawsuit against the defendant and the Seoul Central District Court on Dec. 14, 2007, "1. The plaintiff (the plaintiff hereinafter the plaintiff ")";

A. Two-one percent per annum from November 13, 2006 to February 8, 2007, and twenty percent per annum from the following day to the day of full payment, jointly and severally for Defendant Yang Dog Electrical Co., Ltd. 227,483,679 won and 225,698,989 won among them;

B. Defendant D shall be jointly and severally liable with both the Defendant and both the two-way electricity, B, and New Mine Co., Ltd.

Of the money stated in paragraph (1), 99,491,238 won and 98,817,860 won among them shall be 15% per annum from November 13, 2006 to February 8, 2007; and 20% per annum from the following day to the date of full payment;

C. The defendant A is jointly and severally liable with both the defendant corporation, both main electricity, B, and new mineral corporation

Of the money stated in paragraph (127,98,580 won and 126,881,129 won among them, 15% per annum from November 13, 2006 to December 14, 2007, and 20% per annum from the next day to the date of full payment. The above judgment became final and conclusive, and the fact that the Plaintiff collected and appropriated the amount of KRW 225,698,989 from November 26, 2008 to February 25, 2016 to appropriated it to the principal, and that the final damages amount of KRW 45,37,887 won (=24,609, 180, 207, 707 won) have occurred, 205 x 485,005 won x 105,005 won (=305,005 won) x 15,005 won of penalty for breach of contract.

According to the above facts, the defendant is jointly and severally liable to pay to the plaintiff KRW 45,823,427 (= KRW 45,337,887, KRW 485,540), and since the completion of the statute of limitations is imminent, the defendant has a duty to file a lawsuit for the extension of the statute of limitations.

2. The plaintiff's claim for conclusion is justified.