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(영문) 수원지방법원 2015.02.06 2014가단62516
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 299,477,093 and KRW 299,132,88 among the Defendants, from October 15, 2014 to October 2014.

Reasons

1. In full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 and 4 (including additional numbers) as to the cause of the claim, each entry of the cause of the claim in the annexed sheet is recognized.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 299,47,093 won in total with the principal of indemnity and 299,132,888 won in total with the principal of indemnity from October 15, 2014 to November 5, 2014, which is the date of the final delivery of the copy of the complaint of this case, 15% per annum as stipulated in the agreement and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. As to the determination on the Defendant A’s assertion, the Defendant Company A (hereinafter “Defendant Company”) alleged to the effect that repayment is impossible because the rehabilitation procedure is in progress, and thus, the Defendant Company A (hereinafter “Defendant Company”) made a decision to discontinue the rehabilitation procedure on April 24, 2014 with respect to the Defendant Company as Suwon District Court Decision 2013 Ma118, Jan. 29, 2014. The fact that the instant decision to discontinue the rehabilitation procedure was made on April 24, 2014 is significant in this court. The above argument by the Defendant Company is without merit without having to further examine it.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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