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(영문) 서울서부지방법원 2015.09.07 2014가단219012

구상금

Text

1. The Plaintiff:

A. As to the 40,066,736 won and 35,665,223 won among them, Defendant A shall be from April 29, 199 to March 29, 2004

Reasons

1. Basic facts

A. On June 21, 2004, the Plaintiff filed a lawsuit claiming reimbursement against the network D, Defendant A, etc. with Busan District Court Decision 2004Da33823, which rendered a final and conclusive judgment on June 21, 2004 that “The Network D and the Defendant A shall jointly and severally pay to the Plaintiff KRW 35,65,665,223 as well as KRW 35,65,223 as from April 29, 199 until April 19, 204; Defendant A shall pay 18% interest per annum until March 29, 2004; and Defendant A shall pay 20% interest per annum from the next day to the date of complete payment (the Plaintiff’s claim based on the above judgment is a claim for reimbursement). In addition, the Plaintiff spent KRW 4,401,444,444, by subrogation, such as the expenses for preserving the claim.

B. On July 30, 2012, the deceased on July 30, 2012, Defendant B, the spouse of Defendant B, and Defendant C, the child of Defendant C, respectively inherited 3/5. Defendant B and C reported the qualified acceptance as the Ulsan District Court 2015Ra135, and the above court rendered a judgment accepting it on June 24, 2015.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 1, 2, Gap's evidence 5, Eul's evidence 7, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff filed the lawsuit of this case for the extension of the prescription period of the judgment claim of this case. (1) The defendant Gap filed the lawsuit of this case with the defendant for the extension of 40,066,736 won (=35,65,65,292 won 4,401,444 won) and 35,665,223 won among the judgment claim of this case and substitute payment x 18% per annum from April 29 to March 29, 2004, and 20% per annum from the next day to the day of complete payment. (2) The defendant Eul filed the lawsuit of this case for the extension of the prescription period of the judgment claim of this case, and (3) 24,040,041 won (=6,736,736 won x 339% per annum 29,439% per annum and 29.35% per annum from the above 29.35% per annum