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(영문) 서울중앙지방법원 2016.11.17 2016가단5062401
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,015,524 as well as KRW 20,33,333 among them, as to the Plaintiff’s KRW 24,015,524. From September 2, 2016 to October 27, 2016.

Reasons

1. Determination as to the cause of claim

A. There is no dispute between the parties on each of the grounds for the change in the attachment of the facts of recognition.

B. According to the above facts, inasmuch as the Defendant’s payment of the Plaintiff’s insurance money is a joint surety of Babe Korea Co., Ltd., which is a joint surety of Babe Korea, the Defendant is obligated to pay to the Plaintiff the amount of the Defendant’s share (1/3, the Defendant and Da are in the position of joint surety, and the share of the Defendant is presumed to be equal) and the amount of the Defendant’s share of the Defendant’s reimbursement (the share of the Defendant’s reimbursement is presumed to be equal) pursuant to Article 448 of the Civil Act. (2) It is clear in the calculation that the principal and interest of the indemnity claim is KRW 37,015,524, total sum as follows.

3,33,33 won (i.e., KRW 100 million x KRW 1/3, and below KRW 1/3; hereinafter the same shall apply) late payment damages 3,682,191 [i.e., principal x (6% per annum prescribed in the Commercial Act x (1 year and 307 days from October 30, 2014 to September 1, 2016 ± 365 days)] above total 37,015,524 won (i.e., KRW 33,333, 333, 682, 191) (i.e., KRW 3., KRW 36.3% per annum from the following day to September 1, 2016; and (ii) records of the Plaintiff’s reimbursement of the total amount of indemnity claims are 30,300,301 won per annum, 2035,3305,415,2537.

2. If so, the plaintiff's claim of this case is reasonable.

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