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(영문) 서울남부지방법원 2015.07.14 2015가단209495

구상금

Text

1. The Defendants: (a) from March 13, 2015 to May 1, 2015 to KRW 9,135,208, respectively, to the Plaintiff; and (b) the Defendant.

Reasons

1. The following facts are based on the following facts: (a) the Plaintiff and the Defendants did not dispute each other; or (b) the written evidence Nos. 1 through 3 are acknowledged in full view of the purport of the entire pleadings.

On October 16, 2014, the Incheon District Court rendered a judgment that the Plaintiff, the Defendants, the F, and the seven persons of G jointly and severally paid to Nonparty H KRW 40 million, KRW 9 million to Nonparty I, and KRW 11 million to Nonparty J, and KRW 20% per annum to the day of full payment from August 21, 2014 to the day of full payment, and the above judgment became final and conclusive around that time.

(See the evidence No. 2014da233946, No. 1, see, e.g., the judgment of this case). (b)

On March 12, 2015, K and the Plaintiff paid a sum of KRW 68,514,062 in relation to the claims and the costs of the lawsuit in accordance with the instant judgment, the remainder is exempted, and the Plaintiff agreed not to make a civil and criminal claim later, and the Plaintiff paid the said agreed amount to the said agent on March 13, 201.

2. According to the facts acknowledged in the above facts of the judgment as to the cause of the claim, the Plaintiff and the Defendants were exempted from the Defendants’ repayment due to one of the Plaintiff’s joint and several obligations, and the Plaintiff is presumed to have exercised the right to indemnity against the Defendants’ apportionment. The Defendants, according to the Plaintiff’s claim within the scope of that amount, are presumed to have been equal. The Defendants: (i) KRW 9,135,208, respectively, to the Plaintiff (=68,514,062 x 2/15, and less than KRW 2/15) and (ii) from March 13, 2015 to May 1, 2015, the date of delivery of the complaint against the above Defendant, to May 31, 2015; and (iii) from May 1, 2015 to May 1, 2015, the date of delivery of the complaint to the above Defendant; and (iv) from May 1, 2015 to 30% each of the instant complaint against the Defendant E, respectively.