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(영문) 인천지방법원 2015.08.11 2015가단215754

양수금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 155,060,286 won and 84,523,218 won among them, from May 27, 1998 to May 27, 2005

Reasons

1. Determination on the cause of the claim

A. The following facts are deemed to have been led to the confession of the Defendant Company between the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) pursuant to Article 150 of the Civil Procedure Act, and the Plaintiff and the Defendant Company B may be acknowledged by taking into account the following facts: (a) the Plaintiff and the Defendant Company did not have any dispute; (b) the entries of the evidence Nos. 1 and 2 (including the number of pages); and (c) the evident facts and the purport of

1. The plaintiff filed a lawsuit against the defendants and C by the Seoul Central District Court No. 2004Kadan409286, and on June 2, 2005, against the above court "1. The plaintiff,"

A. Defendant A Co., Ltd shall pay 155,060,286 won and 84,523,218 won among them at the rate of 17% per annum from May 27, 1998 to February 24, 2005 and 20% per annum from February 25, 2005 to the date of full payment;

B. Defendant B and C were jointly and severally sentenced to the judgment of Defendant A to pay the said paragraph within the scope of KRW 130,000,000,000, and the said judgment became final and conclusive around that time.

(hereinafter “The instant final judgment”). 2 On April 22, 2015, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim based on the said final judgment.

B. According to the above facts of recognition, barring special circumstances, the Defendants are obligated to pay to the Plaintiff the amount ordered to be paid in the final judgment of this case.

2. Judgment on the defendant's defense

A. Since Defendant B, upon being declared bankrupt after the final judgment of this case, was granted immunity, Defendant B asserted that he/she was relieved of the obligation based on the final judgment of this case, and thus, in full view of the following facts: (a) there was no dispute; (b) the entry of evidence Nos. 1 through 3; and (c) significant facts and the overall purport of the arguments in this court, Defendant B filed a bankruptcy and application for immunity with the Incheon District Court under 2014Hadan419 (4188) and was declared bankrupt on September 3, 2014 by the said court; and (c) the same was declared bankrupt on January 8, 2015.