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(영문) 서울중앙지방법원 2017.11.23 2017가합546434
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from July 20, 2017 to the day of full payment.

Reasons

Basic Facts

The former Jinjin Electric Co., Ltd. (hereinafter referred to as the "former Jinjin Electric Co., Ltd.") converted into a holding company, and separately determines the real estate business and manufacturing business sector as independent, and on July 2, 2008, the real estate business sector newly incorporated Jindico Co., Ltd. by physical division, and the electric cable business sector newly established the defendant by physical division.

The Plaintiff, a divided surviving company, shall change the trade name on the same day to “Seoul Holdings Co., Ltd.” and shall take July 4, 2008.

The business sector divided by Emond Co., Ltd. was merged.

On the other hand, the Korea Electric Power Corporation, from around 1998 to 2007, conducted a bid for the purchase of the annual unit price contract items from the date of the formation of the power supply network. The Korea Electric Power Corporation filed a lawsuit against the Plaintiff et al. for compensation for damages due to joint tort on the ground that it agreed to allocate the volume in advance and received the contract price at a higher price than the expected price after receiving the contract price, and implemented an unfair collaborative act prohibited by the Fair Trade Act.

In the above lawsuit, the Seoul Central District Court (2012Gahap501962) rendered a judgment on January 23, 2015 that "the Korea Electric Power Corporation shall jointly pay KRW 19,401,631,00 and delay damages therefor," and the Seoul High Court (2015Na2015960) that the appellate court (2015Na2015960) reduced partial liability to compensate for damages, and rendered a judgment on July 7, 2016 that "the Korea Electric Power Corporation shall jointly pay KRW 59,436,314,70 and delay damages therefor."

(2) On January 1, 2015, the judgment of the court of first instance rendered on January 23, 2015 pursuant to the internal share of joint tort liability of the former Jinjin Electric Co., Ltd. (hereinafter “instant judgment”).

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