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(영문) 대전지방법원 2016.03.23 2015가단208853

구상금

Text

1. As to KRW 26,559,701 and KRW 22,466,550 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 15, 2006 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a claim for reimbursement against the Defendant and Samsung Fire Marine Insurance Co., Ltd. by Daejeon District Court 2004Kadan49638.

B. On May 9, 2005, this court decided to recommend settlement that "the defendant shall pay to the plaintiff 30 million won until June 10, 2005, but if the above payment is not made by the above payment date, damages for delay calculated by adding 20% per annum from the day following the payment date to the day of full payment." The above recommendation recommendation was finalized against the defendant on June 9, 2005.

C. In the appellate court of the above case No. 2004Kadan49638, “The Samsung Fire Marine Insurance Co., Ltd. shall pay KRW 7,533,451 to the Plaintiff jointly and severally with the Defendant until February 20, 2006 (No. 2015Na11570), Samsung Fire Marine Co., Ltd. paid KRW 7,53,450 to the Plaintiff on February 14, 2006.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the above recognition, the principal of the indemnity that the Defendant is obliged to pay to the Plaintiff (=30,000,000 - 7,533,450 won) is 4,093,151 won (=30,000,000 x 0.0 x 0.2 x 249/365). The interest from June 11, 2005 to February 14, 2006 is 4,093,000 won (=30,000,000 x 0.2 x 0.365).

Therefore, the defendant is obligated to pay to the plaintiff 26,59,701 won (=22,466,550 won) and 22,46,550 won among them, 22,46,50 won per annum from February 15, 2006 to September 30, 2015 and 15% per annum from the next day to the day of full payment. The plaintiff's claim of this case is reasonable, and therefore, it is so decided as per Disposition.