logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.01.11 2017가단115029
구상금
Text

1. The defendant shall pay to the plaintiff 56,570,236 won and 54,482,169 won among them. From June 9, 2005 to June 15, 2007.

Reasons

1. Basic facts

A. On July 25, 2007, the court of the first instance rendered a judgment that "the defendant (B and the defendant of this case) jointly and severally paid to the plaintiff 56,541,304 won and 54,530,849 won which are calculated at the rate of 15% per annum from June 9, 2005 to June 15, 2007, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on August 14, 2007.

B. After recovering KRW 48,680, the Plaintiff filed the instant lawsuit in order to extend the prescription period for the instant judgment after appropriating it for the principal of the subrogated payment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts acknowledged prior to the determination as to the cause of the claim, the defendant is obligated to pay the plaintiff a total of 56,570,236 won on behalf of the plaintiff and the principal of 54,482,169 won on behalf of the plaintiff, 15% per annum from June 9, 2005 to June 15, 2007, and damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment. The lawsuit of this case filed for the extension of the period of prescription also has the benefit of protecting the rights.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

arrow