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(영문) 서울중앙지방법원 2019.10.11 2019가단5005782
구상금
Text

1. The defendant shall pay to the plaintiff 64,353,842 won and 26,853,39 won among them. From March 21, 1997 to January 2, 1998.

Reasons

The cause of the instant claim is the same as the attached form of the cause of the claim (However, “creditor” shall be “Plaintiff,” “debtor” shall be “Defendant,” and “Defendant,” and the entire purport of the pleadings may be acknowledged in full view of the following: (a) there is no dispute between the parties as to the facts of the cause; or (b) the whole purport of the pleadings in the evidence Nos. 1 through 5 (including the serial number); and (c) there is a benefit of the lawsuit as it was instituted to interrupt extinctive prescription

Therefore, the defendant, barring special circumstances, has the duty to pay to the plaintiff 64,353,842 won and 26,853,39 won with 18% per annum from March 21, 1997 to January 2, 1998; 21% per annum from the next day to January 14, 1998; 27% per annum from the next day to November 15, 1998; 25% per annum from the next day to 198. 19% per annum from the next day to 2. 198. 9% per annum from the next day to 2. 195% per annum from the next day to 19. 2. 9% per annum until December 1, 1992; 14% per annum from the next day to 19. 3. 19% per annum from the next day to 19. 19% per annum until 2. 19. 19. 3. 19.

On the other hand, the defendant asserts to the effect that the plaintiff's claim is groundless, since the defendant is currently on credit recovery through the D Committee and part of the amount is distributed to the plaintiff.

However, there is no evidence to acknowledge the above facts of the defendant's assertion, [In light of the evidence Nos. 6 and 7 of this case, the defendant is not the plaintiff's indemnity liability against the plaintiff (the Government of the Republic of Korea procurement agency of the insured) but the indemnity liability related to the small loan guarantee (the insured Co., Ltd. E).

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