구상금
1. The defendant shall pay to the plaintiff KRW 41,383,123 and KRW 40,906,619 among them. From May 25, 2009 to August 13, 2009.
1. There is no dispute between the parties to the judgment as to the cause of the claim, or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 3, the creditor among the facts stated in the annexed statement in the cause of the claim shall be deemed as "the plaintiff" and the debtor
Any fact recorded may be recognized and there is no evidence that obstructs it.
According to the above facts, the defendant is obligated to pay to the plaintiff 41,383,123 won out of the judgment amount of the previous suit (Seoul District Court Decision 2009Da19289) (i.e., the fixed delay damages after the judgment of the previous suit of KRW 40,906,619) and 40,906,619 out of the total amount of 17% per annum from May 25, 2009 to August 13, 2009, and 20% per annum from the next day to the day of full payment. Since the lawsuit of this case was filed for the extension of the extinctive prescription period of the claim based on the judgment of the previous suit, there is a benefit of re-litigation for the interruption of extinctive prescription.
As to this, the defendant asserted that the defendant's decision on bankruptcy and exemption against inside directors B of the defendant's representative became final and conclusive, and thus the plaintiff cannot accept the plaintiff's claim. However, the claim in this case is not a claim against the defendant's representative B, but a claim against the defendant company which
2. Conclusion, the plaintiff's claim is justified.