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(영문) 대구지방법원서부지원 2016.03.09 2015가단15737
구상금
Text

1. The Defendants jointly and severally pay KRW 55,979,762 to the Plaintiff.

2. The plaintiff's remaining parts against the defendants.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendants and C, D, E, F, G, and H seeking the payment of indemnity on January 23, 2006 with the Daegu District Court 2004Ga119513 decided on January 23, 2006, “The Plaintiff shall jointly and severally pay KRW 230,171,151 to the Plaintiff, and KRW 75,320,218 to the Plaintiff, and the Defendant F shall jointly and severally pay the said KRW 98,64,779 among the said money and KRW 32,280,094 among the said money and KRW 65,763,186 among the said money and KRW 21,520,520 among the said money, the Defendant G and H shall jointly and severally with the said Defendants and jointly pay the said KRW 17% interest rate from June 12, 199 to the day of full payment.”

B. After the judgment became final and conclusive, the Plaintiff returned KRW 143,376,485 from F on February 25, 2008 to November 20, 2013, including from the time the Plaintiff received reimbursement of KRW 143,376,485 from F, and returned KRW 289,223,124 in total through voluntary repayment and compulsory execution from the obligor of the said judgment. Of them, the Plaintiff appropriated KRW 285,782,934, which deducts the enforcement cost, etc., for the repayment of the said judgment’s obligation, and there was an agreement between the Plaintiff and the Defendants to preferentially cover the returned amount.

【Defendant A’s ground for recognition: In the absence of dispute, Gap’s evidence Nos. 5, 6, 7-1, 2, 8-3, 4-4, Eul’s whole pleading, defendant’s summary business, and Eul’s whole pleading: Decision by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. According to the facts of the determination as to the cause of the claim, at the time of February 25, 2008, the above amount of the judgment liability of the Defendants remains at KRW 75,320,218, and KRW 266,442,478 [The interest accrued at the time of the judgment = 154,850,93 won which was the interest accrued from June 12, 1999 to February 25, 2008 and KRW 111,591,545 won which was the interest accrued at the rate of 17% per annum for the principal amount of KRW 75,320,218 x 17% x 320,218 x 17% x 3181/365 x 3181 x 365 x 365 days), and the interest accrued at the rate of KRW 154,2538,275.38

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