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Reasons
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(영문) 서울동부지방법원 2018.01.25 2017가단116440
구상금
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1. The defendant shall pay to the plaintiff KRW 48,857,521 and KRW 46,726,763 from June 28, 2004 until May 31, 2005.

Reasons

1. Facts of recognition;

A. On October 12, 2006, the Plaintiff filed a lawsuit against the Defendant, etc. seeking the payment of the subrogated amount, etc. under the credit guarantee agreement as Seoul Central District Court Decision 2006Da378959, and on March 28, 2007, the above court rendered a favorable judgment against the Plaintiff, such as “the Defendant, etc. jointly and severally rendered to the Plaintiff 47,607,969 won and its 47,384,239 won from June 28, 2004 to May 31, 2005, 18% per annum from the following day to December 17, 2006, and 20% per annum from the next day to the date of full payment (hereinafter “the final judgment of this case”). The final judgment of this case became final and conclusive on April 18, 207 with the Defendant.

B. After that, the Plaintiff recovered KRW 657,476 from the Defendant, etc. and appropriated it for the subrogated payment. Accordingly, the judgment amounting to KRW 46,950,493 [the remaining amount of subrogated payment = KRW 46,726,763 [the penalty amounting to KRW 47,384,239 – KRW 657,476]; KRW 223,730]; and

C. Meanwhile, when the Plaintiff recovered the above KRW 657,476 from the Defendant, etc., the final delay damages amounted to KRW 1,521,472, and the Plaintiff paid the legal procedure costs of KRW 385,556 to recover the above judgment amount additionally.

On March 10, 2017, the Plaintiff applied for a payment order against the Defendant for the extension of the statute of limitations for the final and conclusive judgment of the instant case.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the facts of the determination as to the cause of the claim, the defendant shall pay to the plaintiff 48,857,521 won in total, including the remaining claim of the judgment and the additional finalized delay damages and the legal procedure costs (=1,521,572 won in additional determined delay damages of KRW 46,950,493), and 46,726,763 won in total, which is the remaining substitute payment, from June 28, 2004 to May 31, 2005, 18% in total, from the next day to December 17, 2006, from the next day to September 30, 2015.

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