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(영문) 서울중앙지방법원 2017.06.16 2016가단91084
구상금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 97,977,511 as well as KRW 1,691,027 among them, from October 1, 2015.

Reasons

Attached Form

The facts identical to the statement in the cause of the claim can be acknowledged between the plaintiff and the defendant A corporation by comprehensively taking into account the overall purport of the pleadings as to the statement in the evidence Nos. 1 through 5, and between the plaintiff and the defendant B pursuant to Article 150 of the Civil Procedure Act, it shall be deemed that the above defendant led to the confession. Thus, the defendants are jointly and severally liable to pay to the plaintiff the amount of damages calculated at the rate of 15% per annum as to the principal amount of KRW 97,977,511 (the principal amount of KRW 1,691,027 and the damages for delay up to September 30, 2015) and its principal amount of KRW 1,691,027 from October 1, 2015 to the date of full payment.

Defendant A corporation asserts to the effect that it is impossible to respond to the Plaintiff’s claim since it was declared bankrupt and granted immunity due to its representative C’s insolvency status.

However, the plaintiff is not an individual, but a claim for reimbursement against the defendant A corporation, so the above claim does not constitute a ground for rejecting the plaintiff's claim.

The plaintiff's claim shall be accepted on the grounds of its reasoning.

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