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(영문) 수원지방법원성남지원 2017.11.17 2016가합206464
손해배상(기)
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 899,735,423 against the Plaintiff from November 3, 2016 to Defendant B, and Defendant C on November 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendants and D jointly borrowed KRW 200,000,000 from the Plaintiff around May 8, 2009.

B. On January 20, 2012, the Plaintiff filed a lawsuit against the Defendants and D on January 20, 2012 for the claim for loans with the Sungwon District Court Branch 2012Gahap996.

C. On October 23, 2012 in the foregoing case, the judgment of the court below that “the Defendant and D jointly and severally pay to the Plaintiff 360,000,000,000 won in total and the principal of which are 200,000,000,000 won in total from January 9, 2012 to the date of full payment, 30% per annum under the Interest Limitation Act, 160,000,000 won in interest, which is calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 31, 2012 to the date of full payment” (hereinafter “pre-payment judgment”).

As to the above judgment, Defendant C only appealed and appealed, but all of the appeals and appeals were dismissed.

(Seoul High Court Decision 2012Na106173 decided August 29, 2013 and Supreme Court Decision 2013Da78112 Decided December 4, 2013).

On May 30, 2014, the Plaintiff filed a lawsuit against the Defendants and D seeking the payment of damages for delay calculated by adding the amount of damages for delay incurred until May 30, 2014, based on the loan’s ruling, to the amount calculated by adding the principal to the amount of the damages for delay incurred until May 30, 2014.

F. On August 29, 2014 in the foregoing case, a judgment was rendered on August 29, 2014 that “the Defendant and D jointly and severally agreed with the Plaintiff for KRW 217,863,012, Defendant B shall pay damages for delay calculated at the rate of 20% per annum from June 18, 2014; Defendant C shall be from June 17, 2014; and D shall pay damages for delay from June 19, 2014 to the date of full payment.” The above judgment was finalized around that time.

[Ground of recognition] B between the plaintiff and the defendant: The plaintiff and the defendant C pursuant to Article 150 of the Civil Procedure Act: There is no dispute, each of the evidence Nos. 1 and 2 (including the number of evidence No. 1), and the purport of the whole pleadings.

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