beta
(영문) 서울중앙지방법원 2015.05.29 2014가단212245

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 75,969,58 and KRW 74,500,000 from July 7, 2014 to November 2014.

Reasons

The fact that the Plaintiff acquired the same claim as the attached Form No. 1 against the Defendants is not a dispute between the parties.

Therefore, the Defendants jointly and severally and severally pay to the Plaintiff the total amount of KRW 75,969,58, and the principal amount of KRW 74,50,000 from July 7, 2014, which is the day following the above base date, to November 27, 2014, the agreed delay interest rate of KRW 15% per annum from July 7, 2014 to November 27, 2014, and the delay interest of KRW 20% per annum from the next day to the day of full payment. Defendant C is obligated to pay within the limit of KRW 91,650,00, which is the guarantee limit.

The Defendants asserted that the Plaintiff’s 21,811,750 won should be deducted from the above indemnity amount, and the damages for delay should be excluded. However, the fact that the Plaintiff, the owner of the provisional attachment in the public sale procedure for the Defendant’s real estate owned by the Defendant B, was distributed in KRW 21,81,750 to the Plaintiff, who was the owner of the provisional attachment in the public sale procedure for the real estate owned by the Defendant, did not dispute between the parties, but the mere fact that the Plaintiff received a distribution as the owner

Therefore, the above assertion by the Defendants cannot be accepted.

The plaintiff's claim against the defendants is accepted on the grounds that all the claims are reasonable.