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(영문) 서울중앙지방법원 2017.05.17 2016가단133391
구상금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd, B Co., Ltd., and C shall be jointly and severally 293,83,761 won and 185,581,360 won among them.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are as follows: (a) the Defendants are deemed to have led to confession pursuant to Article 150(3) of the Civil Procedure Act between the Plaintiff, Defendant A, and C; and (b) there is no dispute between the Plaintiff, Defendant B, and Defendant D.

Therefore, barring special circumstances, the Plaintiff:

A. Defendant A Co., Ltd, B Co., Ltd, and C are jointly and severally liable to pay damages for delay at the rate of 18% per annum from October 23, 1995 to September 30, 2015, the agreed interest rate of 18% per annum, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the following day to the day of full payment, to the day of full payment.

B. The Defendants jointly and severally with the above Defendants are liable to pay 125,928,754 won and 79,534,868 won among them. 2) The Defendant (Appointed Party) is liable to pay 83,952,503 won and 53,023,245 won, respectively, from October 23, 1995 to September 30, 2015; 18% of the above annual damages from the next day to the day of full payment.

2. On February 19, 2013, the Defendant asserted that the representative director H was determined by the Seoul Central District Court Decision No. 2012,8686 on February 19, 2013, and that the said decision became final and conclusive. Therefore, the Plaintiff’s claim cannot be complied with.

The above defendant's defense is not accepted, since the above decision was not effective on the corporation because the representative director received the exemption decision, and the above defendant's defense is not accepted.

3. Thus, the plaintiff's claims against the defendants and the defendant (appointed party) are with merit, and all of them are accepted. It is so decided as per Disposition by the assent of all.

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