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(영문) 서울중앙지방법원 2019.01.16 2018가단5182026
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 100,000,000 won and the period from November 21, 2005 to December 23, 2008.

Reasons

1. Determination on the cause of the claim

A. In full view of the entries in Gap evidence No. 1 and the overall purport of the pleadings, the facts identical to the entries in the grounds for the claim can be acknowledged.

According to these facts, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 100,00,000 and the amount of delay damages calculated at the rate of 5% per annum from November 21, 2005 to December 23, 2008, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of full payment.

B. Defendant C asserts that the instant claim should be dismissed as it filed a subsequent appeal against the Busan District Court Decision 2008Gadan100257.

However, according to the purport of Gap evidence No. 2 and the whole pleadings, defendant C filed an appeal for the subsequent completion of the judgment on October 2, 2018, but against this, it can be acknowledged that the order to dismiss the petition of appeal was issued on October 22, 2018, and it becomes final and conclusive as it becomes final and conclusive. Thus, the above assertion is without merit.

2. The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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