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(영문) 서울중앙지방법원 2014.12.19 2014가합551091
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 132,806,44 and KRW 130,180,224 among them, from September 16, 2003 to December 12, 203.

Reasons

Description of Claim

On October 12, 2004, the above court rendered a favorable judgment against the plaintiff on the claim for reimbursement amount between the plaintiff and the defendants of Seoul Central District Court 2004Kadan158960, which became final and conclusive, and the above judgment became final and conclusive as of November 12, 2004.

Under the above final and conclusive judgment, the ten-year statute of limitations has expired, and the remaining claims for indemnity against the Defendants are as shown in the attached Table.

The Defendants shall pay damages for delay in accordance with the interest rate determined by the Plaintiff when the Plaintiff performed the guaranteed obligation against the Plaintiff. The interest rate is 14% per annum from September 16, 2003 to December 15, 2003, which is the date of subrogation, 16% per annum from December 16, 2004 to July 19, 204, and 20% per annum from the following day.

At the time of the credit guarantee agreement for substitute payment, the Defendants agreed to reimburse the Plaintiff for the expenses incurred in the payment of the Plaintiff’s guaranteed liability and the exercise or preservation of other rights. However, the Plaintiff spent KRW 3,063,100 at the expense of substitute payment for the Defendants’ property in order to preserve the above claim for reimbursement, but recovered KRW 435,880 among them, the remainder of substitute payment is KRW 2,626,220.

In conclusion, the defendants are jointly and severally liable to pay to the plaintiff 132,806,44 won ( = the remaining amount of substitute payment of KRW 130,180,224 and the remaining amount of substitute payment of KRW 2,626,220) and the remaining amount of subrogated payment of KRW 130,180,224, which is the date of subrogation, 14% per annum from September 16, 2003 to December 15, 2003, 16% per annum from December 16, 2004 to July 19, 2004, and 20% per annum from the next day to the date of full payment.

Defendants: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)

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