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(영문) 부산지방법원 2018.11.23 2017가단333042

구상금등 청구의 소

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 10,187,493 and the aforementioned amount, from September 28, 2017 to October 2017.

Reasons

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

A. The facts in the attached form of claim are deemed to have been led by Defendant C pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant C, and the Plaintiff and the Defendant Company may be acknowledged by the respective entries and arguments in subparagraphs A through 9 (including each number), and there is no counter-proof.

B. If so, the Plaintiff as compensation; (1) the Defendant Company and the Defendant B jointly and severally pay 10,187,493 won of subrogation and 6% per annum from September 28, 2017 to October 27, 2017, the following day of subrogation; 9% per annum from the next day to December 26, 2017; 12% per annum from the next day to January 5, 2018, the last day of delivery of a copy of the complaint of this case; (2) delay interest calculated at the rate of 15% per annum from the next day to the day of full payment; (3) delay interest calculated at the rate of 109,892,348 won by subrogation; and (4) delay interest calculated at the rate of 15% per annum from the next day to the day of full payment; and (4) delay interest calculated at the rate of 15% per annum from the next day to November 18, 2017, respectively.

The Plaintiff claimed against the Defendant Company, Defendant B, and C for the payment of damages for delay calculated at the rate of 9% per annum from November 20, 2017 to January 18, 2018, 12% per annum from the next day to the date of final delivery of the copy of the instant complaint, and 15% per annum from the next day to the date of full payment. However, the date of final delivery of the copy of the instant complaint on January 5, 2018, the damages for delay should be calculated as above.

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

(a) basic facts;