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(영문) 서울서부지방법원 2015.07.03 2015가단215406

구상금

Text

1. As to the Plaintiff’s KRW 48,846,371 and KRW 29,892,073 among them, the Defendant shall be annually from January 20, 200 to December 22, 2004.

Reasons

The Plaintiff filed a lawsuit claiming the amount of reimbursement in the attached Form 204da33029 with respect to the grounds for the claim stated in the attached Form, and the Defendant and A jointly and severally rendered a judgment to pay the amount claimed to the Plaintiff. The judgment became final and conclusive on March 10, 2005, and the fact that the Plaintiff incurred a claim of substitute payment of KRW 1,415,156 in relation to the above claim for reimbursement, is not disputed between the parties or recognized by the statement in the attached Form 1 through 5.

According to the above facts of recognition, the defendant is obliged to pay the plaintiff the total amount of KRW 48,846,371 (=total amount of KRW 47,431,215 by substitute payments of KRW 1,415,15,156) and the subrogated principal of KRW 29,892,073 by subrogation from January 20, 200 to December 22, 2004; and the amount of KRW 18% per annum from the next day to the day of full payment; and it is apparent in the record that the completion of the ten-year extinctive prescription after the judgment becomes final and conclusive; therefore, the plaintiff is also required to file the lawsuit of this case for the interruption of extinctive prescription.

If so, the plaintiff's claim is reasonable and acceptable.