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(영문) 부산지방법원 2015.10.20 2015가단226638
구상금
Text

1. As to the Plaintiff, Defendant (Appointed Party) and Appointed B, each of the KRW 45,545,026 and KRW 6,310,563 among them, respectively.

Reasons

In full view of the respective descriptions of Gap evidence 1 through 6 and the purport of the whole pleadings, the facts of the reasons for the claim are recognized.

Therefore, the defendant (Appointed Party) and the Appointed Party B are jointly and severally and severally liable to pay to the plaintiff 6,310,563 won ( = 12,621,126 won x 1/2) out of the plaintiff's subrogated payment, and 39,205,338 won ( = 78,410,67 won x 1/2) out of the defined delay damages, and 29,125 won ( = 58,250 won x 1/2) out of the attempted penalty, and 45,545,026 won ( = 6,310,563 won x 1/2) per annum from the following day to 100% per annum from the day after 310,563 won, 338 won, 29,310,563 won per annum until 120% per annum 18,198.

As to this, the Defendant (Appointed Party) filed a subsequent appeal against the Busan District Court 2004Kadan131420, Busan District Court 2004Kadan131420, and asserted to the effect that the Plaintiff’s claim of this case cannot be complied with since the Busan District Court 2015Na6200, which is the appellate court’s case, is pending. However, it cannot be deemed that the Defendant (Appointed Party)’s obligation to pay indemnity based on the final and conclusive judgment has ceased

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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