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(영문) 서울중앙지방법원 2011.06.28 2011가단78383
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 129,608,131 and KRW 125,726,952 from December 28, 1995 to January 1, 1998.

Reasons

1. Determination as to the cause of the instant claim

A. The cause of the instant claim is as shown in the annexed sheet.

[Reasons for Recognition] Each entry of Gap 1 to 3 (including each number)

B. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 129,608,131 won the sum of subrogated payment, substitute payment, attempted penalty, and 125,726,952 won the amount of subrogated payment from December 28, 195 to January 31, 1998; 25% per annum from the next day to August 31, 1998; 20% per annum from the next day to December 31, 1998; 18% per annum from the next day to April 4, 201; and 25% per annum from the next day to May 30, 201 when the complaint of this case finally delivered to the Defendants; and 125% per annum from the next day to the date of full payment.

2. The argument that Defendant A (Representative Liquidator C) was declared bankrupt and immunity from the court, and thus, Defendant A (Representative Liquidator C) cannot comply with the plaintiff's claim of this case. However, the plaintiff's claim of this case does not affect the plaintiff's bankruptcy and immunity from the representative liquidator's claim of this case as the plaintiff's claim of this case against Defendant A does not affect the above company's claim of this case. Thus, the above argument is without merit.

3. According to the conclusion, all of the instant claims are accepted.

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