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(영문) 서울중앙지방법원 2016.10.05 2015가단190908
구상금
Text

1. As to the Plaintiff KRW 39,982,31 and KRW 35,00,00 among them, the Defendant shall pay to the Plaintiff KRW 39,982,331 from April 29, 2004, KRW 4,794,685.

Reasons

1. In full view of the purport of the argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff filed a lawsuit against the defendant as Seoul Central District Court 2006Da8380, Apr. 20, 2006 against the defendant, and the above court rendered a judgment that "the defendant shall pay to the plaintiff 39,982,31 won and 35,000 won among them, from April 29, 2004, from October 26, 2005 to January 18, 2006, from the next day to the day of full payment, 5% of the amount calculated at each of the rates of 20% per annum for the extension of the period of extinctive prescription of the claim in this case."

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the above judgment amounting to KRW 39,982,331 and KRW 35,00,00 among the above judgment amounting to KRW 35,00 from April 29, 2004; KRW 4,794,685 from October 26, 2005 to January 18, 2006; KRW 5% per annum from January 26, 2005 to January 18, 2006; and KRW 20% per annum from the next day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment.

2. The Defendant asserts that the Seoul Central District Court 2015da10244 decided on the Defendant’s assertion is granted immunity from March 29, 2016 from the Seoul Central District Court 2015Da10244 decided on the Defendant’s assertion, and that the Plaintiff’s claim for reimbursement determined by the final judgment of the instant case also entered in the

According to the statements in Eul evidence Nos. 1 and 2, the defendant was granted immunity from the above immunity case on March 29, 2016, the decision became final and conclusive, and the fact that the plaintiff's claim is stated in the list of creditors is recognized.

However, the whole purport of the pleadings shall be taken into consideration in the statements of Gap evidence Nos. 1, 2, and 3 (including each number, if any).

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