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(영문) 광주지방법원 2015.01.30 2013가단73785
구상금
Text

1. The Plaintiff:

A. Defendants A, B, C, D, E, F, and G are jointly and severally and severally liable for 529,518,766 won.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of evidence A Nos. 5-1, 2, and 1 and 2 and the purport of the entire pleadings:

On May 31, 2004, the Plaintiff filed a lawsuit with the Gwangju District Court against Defendant A, Inc., Ltd., Ltd., C, D, E, F, G and P for indemnity. On July 20, 2004, the above court rendered a judgment that “The above Defendants and P jointly and severally agreed with the Plaintiff for the amount of KRW 529,518,766 and KRW 515,00,000 per annum from August 23, 1999 to June 14, 2004, and the amount of KRW 20% per annum from the following day to the date of full payment,” and the above judgment was finalized on August 13, 2004.

(204dan39363) b)

As the P, which was the co-defendant of the above final judgment, died on September 1, 2012, succeeded to the shares of Defendant D, E, F, G, H, I, J, J, and K, each of 1/9. On December 19, 2007, the R had already died and succeeded to the shares of Defendant L, the spouse of R, and Defendant M, N, andO, the children of the P, each of which was 2/81 shares.

C. Defendant D, E, F, G, H, I, J, K, L, M, N, andO reported the qualified acceptance of net P on November 14, 2012, and the said court accepted the said report on November 29, 2012.

(2012 Pool 1885) 2. Determination

A. According to the above facts finding as to the cause of the claim, Defendant A, B, C, D, D, E, F, and G are jointly and severally liable to pay to the Plaintiff 529,518,766 won and 19% per annum from August 23, 1999 to June 14, 2004, and 20% per annum from the following day to the day of full payment. Defendant H, I, J, J, K, L, M, M, N, N, andO are the Defendant of the above final judgment and the Defendant A, B, C, C, D, D, D, E, F, and G are jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 20% per annum from August 23, 2009 to the day of full payment.

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