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(영문) 대구지방법원 2015.08.11 2015가단114231
구상금
Text

1. The Defendant’s annual interest in KRW 566,215,624 and KRW 566,168,810 among the Plaintiff, from December 5, 2014 to June 11, 2015.

Reasons

1. The facts of recognition are as shown in the attached Form “the cause of claim”.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading

2. Determination:

A. According to the Defendant’s above recognition of the Defendant’s obligation for reimbursement, the Defendant is obligated to pay to the Plaintiff statutory delay damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment (566,168,810 won in subrogation) and 566,168,810 won in subrogation, whichever is 56,168,810 won in subrogation, to the Plaintiff.

B. The Defendant’s assertion 1) The Defendant is proceeding for bankruptcy exemption as Seoul Central District Court Decision 2015Hadan104, and thus, the Plaintiff’s claim in this case cannot be complied with. (2) However, as long as the immunity decision against the obligor is not determined in the bankruptcy proceeding, any restriction on the exercise of the obligee’s right in the lawsuit or the obligor’s obligation is not exempted.

In this case, there is no evidence to acknowledge that the decision to grant immunity to the defendant has become final and conclusive, the grounds for the defendant's assertion alone cannot be said to exempt the defendant's liability for reimbursement against the plaintiff.

Therefore, the defendant's above assertion is not accepted.

3. If so, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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