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(영문) 서울동부지방법원 2017.02.14 2015가단114921
구상금
Text

1. The Defendants are jointly and severally liable for 43,579,050 won and 43,167,051 won among them from February 27, 2004 to March 11, 2005.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendants and C as Seoul Central District Court Decision 2004Kadan348121, and the above court rendered a judgment on April 27, 2005 that "the defendants and C shall jointly and severally pay to the plaintiff 43,289,931 won and 43,167,051 won among them, with 18% per annum from February 27, 2004 to March 11, 2005, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on May 21, 2005.

(hereinafter “instant final judgment”). (b)

On the other hand, Defendant A, a corporation around June 26, 2003, agreed to pay expenses incurred in the execution, preservation, exercise, and legal procedure of the credit guarantee agreement with the Plaintiff. The amount of substitute payments additionally incurred after the final and conclusive judgment of this case reaches KRW 289,119.

C. The Plaintiff filed the instant lawsuit to extend the prescription period of claims based on the final judgment of the instant case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 43,579,050 (the principal and interest of the instant final judgment KRW 43,289,931 with substitute payment of KRW 289,119) and the principal amount of KRW 43,167,051 with 18% per annum from February 27, 2004 to March 11, 2005, and damages for delay calculated at 20% per annum from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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