logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.17 2018가단5132908
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,054,661 and KRW 43,344,89 among them, from September 21, 2007 to July 2, 2008.

Reasons

1. According to each description of Gap evidence Nos. 1 to 5 (including a branch number for those with a serial number) as to the cause of the claim, the facts of the reasons for the claim are recognized.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 45,054,661 (the fixed delay damages of KRW 43,344,89 due to partial recovery of KRW 415) and the amount of KRW 43,34,89 as to the agreed delay damages of KRW 17% per annum from September 21, 2007 to July 2, 2008, the amount of delay damages of KRW 20% per annum from July 3, 2008 to June 29, 2018, and the amount of delay damages of KRW 15% per annum from the next day to the date of full payment.

2. Defendant B’s assertion that there was no joint and several surety for Defendant A’s credit guarantee agreement. However, Defendant B’s above assertion is against the res judicata effect of the Seoul Central District Court Decision 2008Da8330 Decided July 10, 2008, which is the judgment in a prior suit, and thus, cannot be accepted.

(See Supreme Court Decision 200Da24856 delivered on March 28, 2003). 3. It is so decided as per Disposition by the plaintiff's claim against the defendants.

arrow