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(영문) 인천지방법원 2017.05.30 2017가단206235
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,379,712 as well as KRW 14,676,701 among them, annually, from December 31, 2013 to August 31, 2015.

Reasons

1. Reviewing the determination of the cause of the claim, according to the overall purport of Gap evidence No. 1-1, No. 2, and No. 2-6, each of the statements and arguments as to the cause of the claim, each of the facts as stated in the attached Form No. 1-2.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 41,379,712 (the remainder of the subrogated payment amount of KRW 14,676,701 in substitute payment of KRW 25,267,351 in substitute payment of KRW 1,404,490 in substitute payment of KRW 25,267,351 in substitute payment of KRW 14,676,70 in substitute payment of KRW 14,670 in substitute payment of KRW 12% per annum from December 31, 2013 to August 31, 2015, the agreed interest rate of KRW 12% per annum from the following day to the delivery date of the original payment order of this case, and damages for delay calculated by 15% per annum from the next day to the day of the delivery date of the original payment order of this case by January 10, 2017.

2. The defendant's assertion is alleged to the purport that the plaintiff should file the claim of this case against the executor or the contractor of the apartment unit for sale, but there is no evidence to deem that the plaintiff should file the claim of indemnity against the executor or the contractor of the apartment unit for sale. Thus, the defendant's above assertion is rejected.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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