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(영문) 서울서부지방법원 2019.04.24 2018가합1483
구상금
Text

1. The Defendants jointly and severally share KRW 702,838,060 to the Plaintiff, as well as the Plaintiff:

A. As regards KRW 662,838,060, November 24, 2007

Reasons

1. The plaintiff filed a lawsuit against the defendants and D, etc. (Seoul Central District Court Decision 2007Gahap72811), and May 15, 2008, "the defendant and D, respectively, shall pay 5% interest per annum from November 24, 2007 to May 15, 2008, and 20% interest per annum from the next day to the day of full payment." The plaintiff and the defendants appealed, and the appellate court (Seoul High Court Decision 2008Na50471) decided that the plaintiff's additional payment amount under the judgment of the first instance court of May 28, 2009 was revoked and the defendants dismissed all the remaining appeals and the defendants' remaining appeals against the plaintiff, with 40% interest per annum from May 208 to the day of full payment."

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the preceding judgment, the Plaintiff has a claim for the amount of KRW 953,117,19 against the Defendants (= KRW 913,117,19 KRW 40,000) and damages for delay. The Plaintiff is a person who has received reimbursement of KRW 250,279,059 in total from the Defendants and D and appropriated funds for the principal of the judgment of the first instance among the preceding judgment. As such, the Defendants jointly owned the Plaintiff for KRW 702,838,060 (= KRW 953,117,119 KRW - KRW 250,279,059) and 62,838,060 among them (= KRW 913,117,199 KRW - KRW 250,279,059) with interest rate of KRW 250,000 per annum from 200 to 250,000 per annum, 250% per annum from 20,25007.

3. Conclusion.

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