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(영문) 서울북부지방법원 2017.05.24 2016가단118759

양수금

Text

1. The Plaintiff:

A. Defendant B: 5% per annum from October 20, 2005 to February 10, 2006, and 5% per annum from October 20, 2005 to this. < Amended by Presidential Decree No. 19508, Feb. 10, 2006>

Reasons

Comprehensively taking account of the purport of the arguments in Gap's evidence Nos. 1 through 4, Dongbi-do Co., Ltd., Ltd., and the defendants, by filing a lawsuit for loans, etc. with the Seoul Central District Court 2005Kadan8595, Feb. 10, 2006, "Sabi-doi-ri-ri" (hereinafter "Sabi-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-).

Therefore, since the lawsuit of this case for the extension of the extinctive prescription period of a claim based on the final judgment is a benefit of lawsuit, it is obligated to pay to the Plaintiff according to the above final judgment; Defendant B, from October 20, 2005 to February 10, 2006, 5% per annum from February 11, 2006, and 20% per annum from February 11, 2006 to the date of full payment; Defendant C, jointly with Defendant B, shall pay 16 million won per annum from August 11, 2005 to February 10, 2006, and 5% per annum from February 11, 2006 to the date of full payment.

The Defendants asserted that around September 7, 2009, Defendant C had agreed to withdraw the criminal complaint against the Plaintiff and to be exempt from claims based on the above final judgment. However, the Defendants stated the evidence Nos. 4 and 6, and witness D.