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(영문) 대전지방법원 2015.05.12 2014가단221385
구상금
Text

1. Defendant A shall pay to the Plaintiff KRW 65,00,000 as well as 20% per annum from February 18, 2004 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 21, 2004, the Plaintiff filed a lawsuit against the Defendants with the Seosan Branch of Daejeon District Court 2003Kadan8598, and was sentenced to the judgment of September 21, 2004 that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 65 million and the amount calculated at the rate of 5% per annum from September 10, 200 to July 24, 2003, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. After that, the Plaintiff received KRW 16,712,880 out of the above judgment amount until November 30, 2011, and the said amount was appropriated for the repayment of damages for delay incurred until February 17, 2004.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, 4 (including paper numbers)

2. Determination

A. According to the above facts as to the plaintiff's claim against the defendant A, the defendant A is obligated to pay the plaintiff the above judgment amounting to 65 million won and damages for delay calculated at the rate of 20% per annum from February 18, 2004 to the day of full payment.

B. According to the above facts of recognition as to the Plaintiff’s claim against Defendant B, Defendant B is jointly and severally liable to pay the above amount to the Plaintiff with Defendant A, unless there are special circumstances.

I would like to say.

As to this, Defendant B asserts that he did not have a duty to repay the above amount to the Plaintiff, since he was granted immunity on December 20, 201 after he applied for individual rehabilitation and completed the repayment according to the repayment plan.

According to the purport of the whole argument, Defendant B filed an application for individual rehabilitation with Suwon District Court 2006Da64086, and obtained authorization according to the repayment plan, and completed repayment from December 30, 2006 to November 30, 201 according to the repayment plan. After which, the above Defendant was granted a decision of immunity on December 20, 201, and the above decision of immunity became final and conclusive on January 4, 2012. According to the above fact of recognition, the above Defendant is liable for the above obligation according to the above decision of immunity.

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