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(영문) 대전지방법원 2020.12.10 2020가단134871
구상금
Text

The defendant shall pay to the plaintiff KRW 918,49,038 and KRW 644,016,805 from April 17, 2006, and KRW 31,81,828.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a claim for reimbursement against the Defendant, etc. as Seoul Western District Court 2010Kadan82588.

B. On March 10, 201, the Seoul Western District Court rendered a judgment jointly and severally with the Defendant for KRW 875,543,577 and KRW 60,39,81 as to KRW 466,414 from April 5, 2006, KRW 766,410,614 from April 17, 2006 to April 4, 17, 2006, KRW 15% per annum from May 9, 2006 to January 4, 2011, and KRW 20% per annum from the next day to the date of full payment. The above judgment was finalized on April 8, 2011.

C. After the judgment above, the plaintiff recovered 12,334,576 won from the defendant, out of the total amount of the indemnity principal relating to KRW 60,39,811 in the amount of the second guarantee subrogation, ② KRW 122,393,809 in the amount of the indemnity principal relating to KRW 766,410,614 in the amount of the third guarantee subrogation, ③ the amount of the indemnity principal relating to KRW 44,146,404 in the amount of the first guarantee subrogation.

On the other hand, the above C.

With respect to each recovery amount described in the paragraph, the following definitive damages were incurred:

(1) 50,437,98 won (2) 122,393,809 won (122,393,809 won (3) 177,958,793 won (3) 12,334,576 won (based on recognition) is not disputed, the entry in the evidence A of subparagraphs 1 through 3, and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff a total of KRW 918,49,038 (= KRW 875,543,577 - KRW 60,399,811 - KRW 122,393,809 - KRW 122,334,576 won - KRW 50,437,988,93 KRW 177,958,793 won, KRW 9,686,8666) and to pay a total of KRW 64,016,805 won (= KRW 766,410,614 - KRW 122,393,809) with annual interest calculated from April 17, 2006 to KRW 31,81,284,284,514,615).

3...

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