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(영문) 서울중앙지방법원 2015.07.22 2015가합532578

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 204,445,910 and the above amount of KRW 203,948,490 from April 13, 2004 to April 10, 2005.

Reasons

1. Under the export credit guarantee agreement concluded with the defendant company on August 18, 2003, the plaintiff filed a lawsuit against the defendants on April 12, 2004 as to the amount of KRW 203,948,490, and the amount of KRW 1,692,719, which was subrogated to the Korea Exchange Bank on April 12, 2004. On August 12, 2005, the judgment became final and conclusive on August 12, 2005 that "the defendant shall jointly and severally pay to the plaintiff the amount of KRW 203,948,490 and the amount of KRW 17% per annum from April 13, 2004 to May 21, 2005, and the amount of KRW 200% per annum from the next day to the date of full payment."

(Seoul Central District Court 2005Kadan110460). After March 6, 2006, the plaintiff received 1,195,299 won from the Changwon District Court C real estate auction procedure and appropriated it for the amount of the final and conclusive judgment to the creditor preservation cost equivalent to the same amount of the final and conclusive judgment.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without holding any pleadings following the submission of a written reply);