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(영문) 수원지방법원안양지원 2020.07.16 2019가단10796
구상금
Text

The defendant's KRW 31,200,000 to the plaintiff and 6% per annum from April 13, 2010 to March 9, 2020.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the plaintiff may recognize the fact that the plaintiff subrogated for KRW 31,200,000 on behalf of the defendant, a creditor of the above business, on April 12, 2010 on behalf of the defendant who operates the business in the name of "C".

Therefore, the defendant is obligated to pay to the plaintiff 31,20,000 won for indemnity and damages for delay calculated at each rate of 6% per annum as stipulated by the Commercial Act from April 13, 2010 to March 9, 2020, which is the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, the defendant only becomes the name of the defendant, and in fact, the defendant is the defendant's mother's debt incurred in the process of opening a business together with the defendant's mother, and the plaintiff agreed to pay internal responsibilities and thus, the defendant does not have an obligation to claim for reimbursement. However, it is difficult to accept the defendant's argument without any

Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.

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