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(영문) 서울중앙지방법원 2016.03.31 2015가단5358129
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 102,607,110 and KRW 102,44,310 among them.

Reasons

1. Facts of recognition;

A. On January 26, 2006, the Plaintiff (the Korea Export Insurance Corporation before its modification) filed a lawsuit against the Defendants, etc. on the claim amounting to Seoul Central District Court 2005Gahap74455 amount, etc., and on January 26, 2006, the Defendants and C were jointly and severally sentenced to the Plaintiff to pay 102,607,110 won and 102,44,310 won per annum from September 20, 2002 to January 8, 2006, and 20% per annum from the next day to the day of full payment. The above judgment became final and conclusive on March 24, 2006.

B. However, the Defendants, etc. did not pay the indemnity amount under the above judgment so far, and the Plaintiff filed the instant lawsuit again on November 11, 2015 against only the Defendants except C (which was declared bankrupt by the Seoul Central District Court on March 20, 2008, and decided to grant immunity on May 22, 2008).

[Reasons for Recognition] Defendant A: Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleading as to Defendant B: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 102,607,110 won and 102,44,310 won per annum from September 20, 2002 to January 8, 2006, 20% per annum prescribed by the previous provisions on special cases concerning the promotion, etc. of Legal Proceedings, etc. from January 9, 2006 to September 30, 2015, and 15% per annum as prescribed by the amended provisions on special cases concerning the promotion, etc. of Legal Proceedings, etc. to September 30, 2015.

3. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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