beta
Text
1. The defendant shall pay to the plaintiff KRW 29,773,903 and KRW 23,786,921 among them. From March 30, 2004 to May 31, 2005.
Reasons
1. Facts of recognition;
A. On October 10, 2005, the Plaintiff filed a lawsuit against the Defendant, etc. seeking the payment of the subrogated amount, etc. under the credit guarantee agreement with the Seoul Central District Court 2005Da306513. On April 14, 2006, the above court rendered a favorable judgment against the Plaintiff, such as “the Defendant, etc. jointly and severally against the Plaintiff 33,472,469 won and 32,234,63 won among them, shall be 18% per annum from March 30, 2004 to May 31, 2005, 15% per annum from the next day to December 29, 2005, and 20% per annum from the next day to the day of full payment,” which became final and conclusive on May 9, 206.
B. After that, the Plaintiff recovered KRW 8,447,742 from the Defendant, etc. and appropriated it for the amount of subrogated payment. Accordingly, the said judgment amounting to KRW 25,024,727 [23,786,921 [i.e., remaining amount of subrogated (= KRW 32,234,663 - KRW 8,47,742]; KRW 1,217,096 of the fixed amount of liquidated payment [20,710].
C. Meanwhile, when the Plaintiff recovered the above KRW 8,447,742 from the Defendant, etc., the final delay damages amounting to KRW 4,146,186, and the Plaintiff paid 602,990 to recover the above judgment amount additionally.
On April 15, 2016, the Plaintiff applied for a payment order against the Defendant, etc. for the extension of the statute of limitations for the final and conclusive judgment of the instant case.
【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 3, and the purport of the whole pleadings】
2. According to the above facts of determination, the defendant's total amount of KRW 29,773,903,00,000,000,000,000 for the remaining amount of the judgment and the additional amount of damages for delay and the legal procedure costs ( KRW 25,024,727,000,000 for the additional amount of KRW 4,146,186,00 for the legal procedure costs for the remaining amount of the judgment and KRW 23,786,921 for the remaining amount of the subrogation from March 30, 204 to May 31, 2005; KRW 15% per annum from the next day to December 29, 2005; KRW 20% per annum from the next day to September 30, 2015; and KRW 30% from the next day to the full payment.