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(영문) 서울동부지방법원 2020.05.14 2019가단142658
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 385,697,549 and KRW 68,372,876 among them, from April 24, 2019 to April 31, 316.

Reasons

Attached Form

Facts such as the statement in the cause of the application do not clearly conflict between the parties.

(‘Creditor’s “Plaintiff” and “debtor” are the “Defendant.” Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 385,697,549, total amount of the said subrogation and additional guarantee fees, and 68,372,876, among them, damages for delay calculated at each rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 24, 2019 to June 17, 2019 to KRW 316,429,183, total amount of guarantee 2 or guarantee 5 subrogation, and from June 17, 2019 to July 17, 2019 to the date of final delivery of a copy of each complaint of this case, 10% per annum per annum from the next day to the date of full payment.

As to this, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim since the corporate rehabilitation procedures commenced against Defendant A, but since the fact that the Suwon District Court 2019 Mahap140 was abolished on November 7, 2019, the Defendants’ assertion in this court is significant, the aforementioned assertion by the Defendants cannot be accepted without further review.

Thus, the plaintiff's claim of this case is legitimate, and it is decided to accept it.

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