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(영문) 서울중앙지방법원 2020.10.13 2020가단5231884

구상금

Text

1. The defendant shall jointly and severally with C to the plaintiff 31,157,249 won and 30,901,269 won among them. < Amended by Act No. 1315, Jan. 31, 2020>

Reasons

1. The facts in the attached Form of the judgment on the cause of the claim do not conflict between the parties, or can be recognized by adding the whole purport of the pleadings to the evidence No. 1-6 (including the provisional number). Thus, the defendant is jointly and severally liable with C Co., Ltd. to pay to the plaintiff 31,157,249 won for indemnity and 30,901,269 won for subrogation, which is the day following the date of subrogated payment, 10% per annum from January 31, 2020 to August 5, 2020, which is the date of final delivery of the payment order of this case, and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's assertion against the defendant was declared bankrupt and thus cannot respond to the plaintiff's claim. However, the defendant's assertion is not acceptable on the ground that the defendant's argument alone is insufficient to block the plaintiff's claim

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.