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(영문) 대구지방법원서부지원 2019.06.04 2018가단8655
손해배상(기)
Text

1. The Defendants are 189,283,363 won to each Plaintiff and 20% per annum from October 24, 2009 to September 30, 2015.

Reasons

The indication of claims against Defendant B and E: as shown in the attached Form.

The indication of Defendant C and F claims by public notice (Article 208(3)3 of the Civil Procedure Act)

The judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act) filed a lawsuit against the Defendants on September 9, 2008 against the Daegu District Court 2007Kahap14777, and rendered a judgment on September 9, 2008 that "the Defendants, as a joint tortfeasor, are liable for damages for tort to each Plaintiff as a joint tortfeasor, with 194 million won per annum from May 15, 2007 to April 23, 2008, and with 20% per annum from the next day to the day of full payment, the damages for delay calculated at the rate of 194 million won per annum from the next day to the day of full payment." Some Defendants appealed, but the appeal was dismissed and the above judgment became final and conclusive.

The Plaintiff received dividends of KRW 65,972,796 on August 26, 2009 from the Daegu District Court G Real Estate Auction (hereinafter “instant auction”) with respect to the real estate owned by Defendant D, and received additional dividends of KRW 6,00,000 on January 13, 2010 through a lawsuit of demurrer against distribution.

The plaintiff out of the above judgment deposit claims (hereinafter referred to as the "judgment deposit claims of this case") shall appropriate the money received as dividends through the auction procedure of this case and the lawsuit of demurrer against distribution to the principal of the above judgment deposit claims, and the remaining judgment deposit claims [the dividends of 65,972,796 dated August 26, 2009 shall be appropriated as damages for delay of 5% per annum from May 15, 2007 to April 23, 2008 and damages for delay of 20% per annum from April 24, 2008 to August 26, 2009 (the method of calculating the total number of days, shall be based on the total number of days).

hereinafter the same shall apply.

Since the remainder 4,716,632 won is appropriated for principal, 189,283,368 won and 20% of the annual interest from the date following the date on which payment of the said amount is made to the principal, the additional dividends of KRW 6,00,000 as of January 13, 2010 remains. 58 days from August 27, 2009 to October 23, 2009.

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