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(영문) 대전지방법원 2020.07.22 2019가합103151
구상금,사해행위취소
Text

1. The Plaintiff:

A. The Defendants are jointly and severally and severally liable for KRW 198,258,181 and KRW 198,205,93 among them, from January 25, 2019.

Reasons

1. The facts of recognition are as shown in the annexed sheet of claim;

[Based on the recognition] Defendant A: Statement of Confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant B: Each statement of evidence (including any number, if any) Nos. 1 through 18, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally and severally liable to the Plaintiff for 198,258,181 won and 198,205,93 won, the date of subrogation, and Defendant B, for 30,841,763 won, and for 30,775,653 won, the date of subrogation, and for 30,75,653 won, the date of subrogation, the date of delivery of a copy of each complaint from March 19, 2019 to May 9, 2019, clearly stating that the delivery date of a copy of each complaint from March 19, 2019 to May 31, 2019, the Defendants are jointly and severally obligated to pay 10% per annum under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 251619, May 219, 2019).

(1) The Plaintiff filed a claim for damages for delay with 15% per annum from the next day of the delivery of the copy of the instant complaint to the day of complete payment. However, according to the special provisions amended by Presidential Decree No. 29768, May 21, 2019, the Plaintiff’s claim for damages for delay exceeding 12% per annum after June 1, 2019 is without merit).3. Therefore, the Plaintiff’s claim of this case is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition by applying the proviso of Articles 98 and 101 of the Civil Procedure Act with respect to the burden of litigation costs.

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