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1. The defendant shall pay to the plaintiff KRW 36,752,133 as well as KRW 13,730,000 among them, from June 17, 2016 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against the Defendant for acquisition of each of the claims against the Defendant (hereinafter “each of the claims of this case”) as indicated in the grounds of the claim in the attached Form, and against the Defendant, the Plaintiff filed a lawsuit for acquisition of the claim of this case as the grounds of the claim.
(Seoul Western District Court 2006dan5752).(b)
On September 18, 2006, the above court sentenced the plaintiff 49,562,474 won (i.e., KRW 16,787,888 won) and KRW 27,460,00 won (i.e., KRW 8,470,000 won) as to KRW 18,90,000 per annum from August 1, 2006 to the date of full payment, and the above judgment became final and conclusive on October 19, 2006.
C. On February 10, 2003, the Defendant was declared bankrupt (Seoul Central District Court 2002Hadan240) and July 16, 2003, “The amount equivalent to the total amount of interest delay damages and 50% of the principal amount out of the total amount of principal and delay damages at the time when the decision of immunity becomes final and conclusive,” ② the damages for delay from the date following the date when the decision of immunity becomes final and conclusive to the date when three years elapsed from the date when the decision of immunity becomes final and conclusive.”
(Seoul Central District Court 2003Ra101). The decision to grant immunity became final and conclusive on August 5, 2003.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 11 (including each number), the purport of the whole pleadings]
2. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from August 6, 2006 to June 16, 2016 (23,02,00 won per annum from August 6, 2006 to June 16, 2016 (23,730,000 won per annum 13,7366 x (9316/366), and from among them, damages for delay at the rate of 13,730,730,00 won per annum from June 17, 2016 to June 16).
3. Partial acceptance of the Plaintiff’s claim