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(영문) 광주지방법원해남지원 2019.08.13 2018가단1275
구상금
Text

1. Within the scope of the property inherited from the deceased L to the plaintiff

(a) Defendant C, D, E, and F respectively KRW 20,497,348; and

Reasons

1. Following the change in the separate sheet of determination as to the cause of the claim, each fact described in the cause of the claim does not conflict between the parties or can be recognized by comprehensively taking into account the overall purport of the pleadings in the evidence Nos. 1 through 26. Thus, barring any special circumstance, Defendant C, D, E, and F are obligated to pay damages for delay from May 8, 2018 to the Plaintiff for KRW 20,497,348, respectively, and for KRW 9,623,63, and for KRW 5,590,185, among KRW 2,624,635, and for KRW 2,635, as from May 8, 2018, Defendant G is obligated to pay damages for delay from KRW 3,726,790, and KRW 1,749,757, respectively, and damages for delay from May 8, 2018 to KRW 757.

2. The Defendants asserted that the Plaintiff’s claim for the indemnity amount expired after the lapse of five years from the date when L had jointly and severally guaranteed Defendant D’s claim for indemnity amount, but the Plaintiff’s claim for indemnity amount was established only on September 29, 2009 when the date when the Plaintiff subrogated for Defendant D’s obligation, and thus, the period of ten years from that time shall apply. Thus, the Defendants’ aforementioned assertion cannot be accepted, since it is apparent that the lawsuit in this case was filed before the lapse of ten years from that date.

3. According to the conclusion, Defendant C, D, E, and F shall be KRW 20,497,348, respectively, and KRW 9,623,63 from May 8, 2018 to April 24, 2019, which is the last delivery date of the complaint of this case, 12% per annum from the following day to May 31, 2019, and the statutory interest rate under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Amended by Presidential Decree No. 29768, May 21, 2019); and KRW 15% per annum from the next day to the day of full payment; and Article 3 (1) of the Act on Special Cases Concerning Special Cases Concerning the Promotion, etc. of Legal Proceedings and the Encouragement of Legal Proceedings.

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