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(영문) 광주지방법원 2016.11.29 2016가단519114
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 43,89,128 and KRW 42,763,094 from September 22, 2004 to May 31, 2005.

Reasons

1. The plaintiff filed a lawsuit claiming indemnity against the defendants around 2006, and was rendered a favorable judgment that "the defendants jointly and severally with C to the plaintiff 43,89,128 won and 42,763,094 won among them shall be 18% per annum from September 22, 2004 to May 31, 2005, 15% per annum from the next day to July 1, 2006, and 20% per annum from the next day to the day of full payment."

(Seoul District Court Decision 2006Da45355 delivered on July 13, 2006). The above judgment became final and conclusive on August 5, 2006.

【Ground of recognition】 Evidence Nos. 1 and 2

2. The plaintiff filed the lawsuit in this case for the interruption of extinctive prescription against the claim for the judgment amount. The defendants answer to the purport that the repayment in installments is intended, and they do not dispute the plaintiff's claim.

Therefore, the Defendants are jointly and severally liable to the Plaintiff for 43,89,128 won and double 42,763,094 won with the agreed interest rate of 18% per annum from September 22, 2004 to May 31, 2005, 15% per annum from the next day to July 1, 2006, and 20% per annum from the next day to September 30, 2015 under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 26553, Sept. 25, 2015; the interest rate before the change), and damages for delay calculated with the agreed interest rate of 15% per annum from the next day to the day of full payment as above.

3. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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