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(영문) 창원지방법원통영지원 2016.02.16 2015가단6486
구상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 343,290,766 and the amount of KRW 95,982,015 from May 26, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. On March 21, 2005, the Plaintiff filed a claim against the Defendant for a payment order for the amount of compensation and damages for delay on December 31, 1998, by asserting that the principal and interest on subrogation at the time of February 1, 2005 (i.e., 190,914,073 won (i.e., 95,982,015 won by subrogation) was 94,932,058 won by subrogation, based on the credit guarantee agreement between the Defendant and Changwon District Court 2005,786, May 18, 1996 between the Defendant and the Defendant.

B. On April 14, 2005, the Changwon District Court rendered a ruling to refer the plaintiff's application for the payment order to a lawsuit. In the case of the claim for the amount of reimbursement claim of 2005Kadan4108, the court rendered a ruling on July 8, 2005 that the defendant shall pay to the plaintiff 190,914,073 won and 95,982,015 won with 15% interest per annum from June 25, 2004 to the day of full payment, and the above ruling became final and conclusive around that time.

C. The defendant B.

Notwithstanding the final judgment stated in the claim, the Defendant failed to pay the indemnity amount, and the Defendant’s total sum of the indemnity amount and damages for delay up to May 25, 2015, is KRW 343,290,766. Thus, the Plaintiff seek against the Defendant for reimbursement of the indemnity amount and damages for delay according to the agreed rate as stated in Paragraph (1) in order to interrupt the prescription of the claim based on the final judgment.

2. Article 208 (3) 2 of the Civil Procedure Act, the main sentence of Article 150 (3) and Article 150 (1) of the same Act, which applies to Acts and subordinate statutes;

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