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(영문) 서울남부지방법원 2018.03.29 2017가단254857
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the amount of KRW 580,858,202 and KRW 573,896,154 from November 30, 2006 to February 207.

Reasons

1. Fact-finding ① The Plaintiff filed a lawsuit against the Defendants seeking reimbursement of reimbursement with the Seoul Central District Court 2007Gahap8483.

② On September 21, 2007, the Seoul Central District Court sentenced the Plaintiff jointly and severally, “The Defendant and C shall pay the Plaintiff 575,198,028 won and KRW 573,896,154 per annum from November 30, 2006 to February 27, 2007; KRW 14% per annum from the next day to August 31, 2007; and KRW 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive as it is.

③ In the above judgment, KRW 575,198,028, which ordered payment, was the sum of KRW 573,896,154, additional guarantee fee of KRW 234,730, and legal procedure cost of KRW 1,067,144. As of August 31, 2017, the legal procedure cost incurred by the Plaintiff for preserving the performance of the claim against the Defendants was KRW 6,727,318.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings 2. The plaintiff is entitled to bring a lawsuit of this case in order to extend the prescription period of a final and conclusive judgment. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the interest for delay or delay as to the subrogated payment in accordance with the above judgment.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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