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(영문) 서울중앙지방법원 2016.07.21 2015가합20662
리스료
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 634,565,031 and KRW 200,000 among them, starting from June 14, 2016.

Reasons

1. Grounds for claim;

A. On June 1, 2004, 2004, 2004Kadan172966, the fact of recognition-finding C&C Co., Ltd. (which was previously divided before the Plaintiff was divided; hereinafter “stock company”) filed a lawsuit against the Defendants claiming lease fees, etc.

(hereinafter “previous case”). In the previous case, the court concluded the pleading on February 18, 2005, and on March 4, 2005, rendered a judgment that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 200,000,000 and the amount calculated at the rate of 19% per annum from October 17, 2004 to the date of full payment”.

(2) The judgment of the previous case was delivered to the Defendants by means of public notice, and each service was effective on March 17, 2005 for Defendant A and April 12, 2005 for Defendant B. The judgment of the previous case became final and conclusive around that time.

On August 6, 2015, Defendant B filed an appeal against the previous judgment by this Court No. 2015Na46453 as to the instant case. However, the appellate court rendered a judgment dismissing the said appeal on the ground that “the appeal period, which was due to the lapse of the period of appeal, was filed after the lapse of the period of appeal, and the requirements for subsequent completion of litigation are not satisfied,” and the said judgment became final and conclusive around that time.

On June 15, 2005, the Plaintiff received 8,456,826 won as “auction dividends” and appropriated the amount for delay damages out of the claim for judgment.

On August 31, 2009, the Plaintiff was established by dividing the business sector, including facility leasing and installment financing, from C&A Capital.

[Grounds for recognition] The descriptions of evidence Nos. 2 and 4, and the purport of the whole pleadings

B. 1) As of June 13, 2016, the instant judgment claim: (a) KRW 200,000,000 for principal and/or KRW 443,021,857 for delay damages (=200,000,000 x 19% x (241/366 day) x (11/241/36 day) x (11/241 day) x 11 years and 241 years.

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