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(영문) 대전지방법원 2018.08.30 2017가단224897
구상금
Text

1. The defendant shall pay 80 million won to the plaintiff and 15% per annum from December 1, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On April 18, 2016, the Dispute Resolution Co., Ltd. (hereinafter referred to as “Nonindicted Company”) filed a lawsuit against the Plaintiff for the claim for the payment of goods under the Incheon District Court Branch Branch Decision 2016Kadan9188, and the Defendant participated in the lawsuit as a supplementary intervenor and made a decision to recommend settlement between the Nonparty Company and the original and the Defendant on August 16, 2017 (hereinafter referred to as “instant decision”).

1) The defendant shall be paid KRW 80 million to the non-party company, and the payment shall be made in installments as follows:

① The Plaintiff shall pay KRW 30 million up to September 30, 2017, ② KRW 20 million up to October 31, 2017, ③ KRW 30 million up to November 30, 2017, and ③ KRW 30 million up to November 30, 2017, jointly and severally with the Defendant.

2) If the Defendant delays the payment of the installment under Paragraph 1 at any time, the Plaintiff and the Defendant lose the benefit of time and division, and jointly and severally, refer to the full amount of the account payable (80 million won) to the Nonparty Company.

Plaintiff

and all the defendants shall be responsible for the full amount of the above-paid amount.

(B) As to the foregoing, damages for delay calculated at the rate of 15% per annum from the day after the date of loss of the due date to the day of full payment. (b) When the Defendant’s failure to pay to Nonparty Company KRW 30 million until September 30, 2017, thereby loss of interest under the instant decision, the Plaintiff paid KRW 80 million to Nonparty Company as a result of the instant decision between October 10, 2017 and December 22, 2017.

2. We examine the judgment as to the cause of the claim, and as seen earlier, the plaintiff, a joint and several surety of the defendant's debt amounting to KRW 80 million against the non-party company according to the decision of this case, was subrogated to the non-party company by all of the non-party company. Thus, the defendant's claim amounting to KRW 80 million and its complaint against the plaintiff.

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