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(영문) 창원지방법원 2017.05.18 2017가단103088
구상금
Text

1. The defendant shall pay to the plaintiff KRW 46,617,094 and KRW 45,582,081 from November 22, 2005 to October 16, 2006.

Reasons

1. The assertion and judgment

A. On November 21, 2006, Busan District Court Decision 2006Da114917, filed a lawsuit against the defendant, and the court of first instance rendered a judgment on the grounds of the claim on November 21, 2006 that "the defendant (the defendant of this case and the defendant of this case, the corporation, and the defendant of this case) shall jointly and severally pay to the plaintiff 45,582,154 won and 45,582,081 won, which were calculated at the rate of 15% per annum from November 22, 2005 to October 16, 2006, which was calculated at the rate of 20% per annum from the next day to the date of full payment (hereinafter "previous judgment"), and the above judgment is clear that there was no dispute over the claims of the defendant under the above judgment, with the total amount of KRW 45,582,150 won, KRW 481,4715 won, KRW 307,147405 won,

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 46,617,094 won with the judgment principal of KRW 45,582,081 and damages for delay calculated at the rate of 15% per annum from November 22, 2005 to October 16, 2006, and 20% per annum from the next day to the day of full payment. The lawsuit of this case filed for the purpose of the extension of prescription due to the expiration of the extinctive prescription after the final judgment became final and conclusive, is the benefit of protection of rights.

B. As to the judgment on the defendant's assertion, the defendant asserted that the plaintiff cannot respond to the plaintiff's claim since he/she declared bankrupt and applied for immunity, so the defendant's bankruptcy and application for immunity alone does not suspend litigation procedures or exempt the debt. Thus, the defendant's above assertion is not sufficient.

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