beta
(영문) 부산지방법원동부지원 2016.02.03 2015가단211243

구상금

Text

1. The Plaintiff:

A. Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E Co., Ltd.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant A, B, C, D, E, K, and J with Busan District Court 205da53121. The above court decided August 31, 2005 that "the defendant jointly and severally paid to the plaintiff 40,956,170 won and 52,000 won with 14% per annum from June 16, 2000 to February 14, 2001, with 14% per annum from February 15, 2001 to March 25, 2004, with 14% per annum from the day following the day of February 15, 2001 to the day of February 26, 2004 to day of July 14, 2005, the above decision was rendered to the plaintiff with 14% per annum from the day of March 26, 2004 to day of July 16, 2005."

B. After the above judgment became final and conclusive, the Plaintiff spent KRW 12,519,344 at the cost of preserving the claim.

C. On January 16, 2012, Nonparty G, H, and I, the wife of Nonparty F, Defendant G, and Defendant G, H, and I, who were their heirs, filed a claim for adjudication on the limited recognition of inheritance with the Busan Family Court 2012Ra602 on February 13, 2012, and the said claim was accepted on April 2, 2012.

[Ground of recognition] Defendant C, Inc., D, E, F, G, H, and I: Not disputed facts, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, Eul evidence Nos. 1 through 1 (including each number), and the purport of the whole pleadings against Defendant A and B: The judgment of deemed confession (the main text of Article 150(3) of the Civil Procedure Act, the main text of Article 150(1))

2. According to the above facts, ① Defendant A, B, C, D, and E are jointly and severally liable for 53,475,514 won (=40,956,170 won 12,51934 won) and 52,00,00 won per annum from June 16, 200 to February 14, 2001 with respect to 14% per annum from February 15, 2001 to March 25, 2004, with respect to 14% per annum from February 15, 2001 to March 25, 2004 to KRW 14% per annum from the day after July 16, 2004 to the day after July 16, 205; ② Defendants are jointly and severally liable for damages from the next day to the day after the end of each year with respect to 14% per annum from the day after February 26, 2004 to the day after payment.