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(영문) 수원지방법원성남지원 2020.05.27 2019가단15235
손해배상(기)
Text

The Defendants jointly and severally liable to the Plaintiff KRW 47,100,000 and Defendant E Co., Ltd. from September 2, 2008 and Defendant E Co., Ltd.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff filed a lawsuit against the Defendants for the payment of damages under Suwon District Court Sung-nam Branch 2008da38430, and on September 3, 2009, the Plaintiff filed a lawsuit against the Defendants for the payment of damages under Article 97,100,000 won jointly and severally with the Defendants, and Defendant E Co., Ltd. from September 2, 2008; from October 7, 2008, Defendant B, and F, respectively; and from December 21, 2008 to the day of full payment, Defendant C shall pay the amount calculated at the rate of 20% per annum from December 21, 2008 to the day of full payment. 2) The Plaintiff filed the lawsuit in this case on August 26, 2019 in order to suspend the extinctive prescription of the claims finalized by a final judgment. The Plaintiff made the decision to pay damages for delay as set forth in the above KRW 471,710,000,00, excluding the amount already paid.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are jointly and severally liable to pay the plaintiffs 47,100,000 won and the amount calculated by the rate of 20% per annum from Sep. 2, 2008 to Oct. 7, 2008 to Oct. 21, 2008, and Defendant C from Dec. 21, 2008 to the date of full payment.

(2) The Plaintiff’s claim against the Defendants against the Defendants is justified, and thus, the Defendant’s claim against the Defendants is accepted as it is so decided as per Disposition, inasmuch as the Plaintiff brought the instant lawsuit for the interruption of extinctive prescription of a claim established by a final and conclusive judgment, the Defendant’s assertion of the grounds arising prior to the closing of argument in the final and conclusive judgment is not allowed.

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