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(영문) 서울중앙지방법원 2015.05.08 2014가단155113

양수금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest thereon from May 1, 2001 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) received loans from the subsidiary mutual savings and finance company of Korea Co., Ltd. under the joint and several sureties of Defendant C and Nonparty D, KRW 1.5 billion on June 1, 199, KRW 500 million on June 1, 199, KRW 315 billion on December 29, 198, respectively.

B. As of April 30, 2001, Defendant Company was liable for the total amount of principal and interest of the loan of KRW 1,976,035,981 (the principal and interest of the loan of KRW 1,015,088,69 and the agreed delay damages).

C. On June 28, 2001, the Korea Asset Management Corporation acquired each of the above principal and interest of loans from the Korea Asset Management Company, Solo Mutual Savings and Finance Company, which merged with the subsidiary Mutual Savings and Finance Company, and filed a lawsuit against the defendant company, the defendant company, and the defendant C and D seeking the payment of each of the above loans under the court 2003Gahap82605, March 11, 2004, "the defendant and D jointly and severally paid to the plaintiff 1,976,035,981 won and 1,015,08,69 won from May 1, 2001 to the date of full payment", and the above judgment became final and conclusive on April 18, 2004.

On the other hand, on September 18, 2012, the Plaintiff acquired the claim from the Korea Asset Management Corporation totaling KRW 1,010,093,079, as well as the agreed delay damages therefrom, and notified the Defendants of the transfer of the said claim on October 19, 2012 upon delegation of the power to notify the transfer.

E. The Plaintiff filed an application for the instant payment order on March 21, 2014 for the interruption of extinctive prescription of a claim based on the said final judgment.

[Reasons for Recognition] Defendant A: Each entry of the evidence of No. 1 through No. 3 (including each number), and the whole purport of the pleading by the confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the above facts of recognition, the defendants jointly and severally calculated 100 million won and 21% per annum from May 1, 2001 to the date of full payment.