beta
Text
1. The Plaintiff:
A. Defendant A Co., Ltd, B, C, and D are jointly and severally liable for KRW 143,395,454 and KRW 33,186,910 among them.
Reasons
1. Facts of recognition;
A. The plaintiff filed a lawsuit against the defendants in Busan District Court Decision 2004Kadan73104 on December 13, 2004, and filed a lawsuit for the claim of indemnity amount, and on December 13, 2004, "the plaintiff shall jointly and severally pay 35,000,000 won and the delay damages from April 11, 1992, ② the defendants shall jointly and severally pay 50,000,000 won and its delay damages from April 1, 1992, ③ the defendants jointly and severally pay 40,000,000 won and its delay damages from April 11, 1992, and the above judgment became final and conclusive on January 5, 2005."
B. Next, the Plaintiff’s unredeemed principal upon repayment of KRW 1,813,090 for the obligation of the above A became KRW 33,186,910 for the unredeemed principal, and KRW 110,208,544 for the unredeemed principal until August 17, 2010 for the unredeemed principal, and KRW 4,115,760 for the unredeemed principal upon repayment of KRW 45,884,240 for the unredeemed principal, and KRW 156,150,261 for the unredeemed principal until June 7, 2010 for the unredeemed principal. The unredeemed principal upon repayment of KRW 6,398,389 for the obligation of the above A became KRW 33,601,611, and the unredeemed principal until March 29, 2010 for the unredeemed principal, KRW 12,854,866.
C. From March 30, 2010, the rate of damages for delay on each outstanding principal is 17% per annum.
[Ground] Defendant A Co., Ltd., B: without a dispute, entry of evidence Nos. 1, 2, and 3, the purport of the whole pleadings, Defendant C, and D: Defendant E under Article 208(3)2 of the Civil Procedure Act (in the event of confession due to the absence of the Defendant), Article 208(3)3 (in the event of service by public notice) of the Civil Procedure Act
2. According to the above facts of determination, the Plaintiff filed the instant lawsuit for the interruption of the extinctive prescription of the foregoing judgment claim: ① Defendant A corporation, B, C, and D jointly and severally KRW 143,395,454 (i.e., the outstanding principal KRW 33,186,186,910 (i.e., the outstanding principal KRW 110,208,544) and KRW 33,186,910 among them, from August 18, 2010 to KRW 202,034,501 (i.e., the outstanding principal KRW 45,884,240) and the Defendants jointly and severally and severally, (ii) the outstanding principal KRW 156,150,261).