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(영문) 부산지방법원 2019.11.13 2019나2275
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

According to the purport of Gap evidence Nos. 1, 2-1, and 6 of evidence Nos. 1, 2-1, and 6 as to the cause of the claim and the purport of the entire pleadings, the plaintiff filed a lawsuit against the defendant and the co-defendant C of the first instance trial (hereinafter "the defendant") with the Daejeon District Court for the claim of indemnity amount under the Hongsung Branch of 2001Gadan11505, Aug. 13, 2003, and the above court "the defendant jointly and severally agreed to the plaintiff and jointly pay to the plaintiff the amount of 28,932,749 won, and the amount of 5% per annum from August 27, 199 to August 13, 2003, and 20% per annum from the next day to the day of full payment.

‘The judgment' was sentenced and ‘the judgment of this case' is called ‘the judgment of this case'.

(2) The judgment of this case became final and conclusive on September 9, 200, and the plaintiff as the debtor on October 23, 2009 and as the third debtor, D Co., Ltd. as the third party debtor, and collected KRW 2,934,913 out of the above claim amount under the judgment of this case and collected KRW 2,934,913 from the third party debtor on January 8, 2010. The plaintiff can be found to have filed the lawsuit of this case for the extension of the extinctive prescription period of claims under the judgment of this case on October 30, 2018. Thus, the defendant is jointly and severally and severally with the co-defendant of the first instance court to pay the plaintiff 25,97,836 won after deducting the above collection amount from the judgment of this case until 30% of the annual interest rate of 25,932,934,939,913, and 30% of the annual interest rate of 1.5% until 30,05, etc.

The defendant's assertion on the defendant's defense is subject to adjudication of bankruptcy and immunity, and the defendant did not know the existence of the judgment amount against the plaintiff at the time, and did not enter it in the creditor list and did not intentionally omitted. Thus, the judgment amount in this case.

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