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(영문) 서울중앙지방법원 2018.01.11 2016가단5265941
손해배상(기)
Text

1. The Defendants jointly share KRW 175,000,000 with respect to the Plaintiff and the period from October 19, 2006 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On December 19, 2006, the Plaintiff filed a lawsuit against the Defendants for the damages claim amounting to Seoul Central District Court 2006Gahap49968, and subsequently acquired KRW 175,00,000 from the said court on the grounds that the Defendants conspired to acquire KRW 175,00,000 from the Plaintiff, the Defendants were sentenced to a judgment on October 19, 2006, with the amount of KRW 175,00,000 and the amount of KRW 20% per annum from October 19, 2006 to the date of full payment. The above judgment was finalized on January 12, 2007.

B. On November 9, 2016, the Plaintiff filed again the instant lawsuit for the interruption of extinctive prescription of the foregoing judgment claim against the Defendants.

【Ground of Recognition】 As to Defendant 1: The purport of the entire pleadings and records on the confessions (Article 150(3) of the Civil Procedure Act), Defendant 2, and Defendant 3: Evidence Nos. 1 through 4 (including additional numbers)

2. According to the above facts of recognition, the defendants are jointly obligated to pay to the plaintiff the above 175,00,000 won and damages for delay calculated at the rate of 20% per annum under the previous provisions of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 19, 2006 to September 30, 2015, and 15% per annum under the same statutory interest rate from the next day to the date of full payment.

3. According to the conclusion, the Plaintiff’s claim against the Defendants is accepted on the grounds of merit, and it is so decided as per Disposition.

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