beta
(영문) 창원지방법원 2017.12.07 2017가단11509

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 92,613,560 and KRW 38,723,125 from June 23, 2017 to August 2017.

Reasons

1. The assertion and judgment

A. In full view of the facts stated in Gap's evidence Nos. 1 through 7 (including each number in the case of additional numbers) and the purport of the whole pleadings, the plaintiff filed a civil lawsuit against the defendants for the payment of the compensation amount on behalf of the defendants. The defendant issued a payment order stating that "the creditors jointly and severally pay to the plaintiff 39,96,523 won and 38,723,125 won per annum from August 1, 2007 to the day of full payment." The above payment order was served on August 16, 2007 and confirmed on June 23, 2017, the plaintiff's claim against the defendants as of June 92,613,50,500 won for the total amount of the compensation amount against the defendants, 38,723,125 won per annum, 15% per annum from August 1, 2007 to the day of full payment.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 92,613,560 according to the previous payment order and KRW 38,723,125 of the subrogated principal in accordance with the payment order order, as the Plaintiff seeks, 12% per annum from June 23, 2017 to August 13, 2017 when the original copy of the instant payment order was served on the Defendants, and 15% per annum from the following day to the date of full payment. The instant lawsuit filed for the purpose of the extension of prescription due to the expiration of the extinctive prescription after the previous payment order became final and conclusive is the benefit of protection of rights.

B. The Defendants’ assertion on the statute of limitations expired by the Plaintiff’s claim.