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(영문) 춘천지방법원 2019.11.19 2019가단51662

양수금

Text

1. The Plaintiff:

A. As to Defendant B, D, and G’s joint and several KRW 227,198,81 and KRW 120,674,572, among them, from June 26, 2015.

Reasons

1. Facts of recognition;

A. He filed a lawsuit against the Defendants and I seeking the refund of the purchase-price, and on April 2, 2009, the Defendant was rendered a favorable judgment from this court that “The Defendants jointly and severally rendered to H 160,000,000 won and the amount calculated at the rate of 20% per annum from October 31, 2007 to September 30, 2008; Defendant A, C, and G until September 28, 2008; Defendant D 5% per annum from November 23, 2008; and Defendant D 20% per annum from the next day to the date of full payment.”

(208Gahap1439). The above judgment became final and conclusive around that time.

(hereinafter referred to as “instant claim”) H’s claim under the said final judgment. B

As of January 26, 201, H recovered part of the instant claims through compulsory execution on September 6, 2009, March 23, 2010, July 13, 201, and January 25, 201, and as of January 26, 201, the remainder of the instant claims is KRW 127,968,272 (principal 120,674,572).

C. On December 30, 201, H transferred the instant claim to the Plaintiff (hereinafter “transfer of the instant claim”) and on January 2, 2012, notified I of the transfer of the instant claim, and notified Defendant B, D, and G of the transfer of the instant claim around that time.

As a result of the I's death, I died on June 25, 2015, and there are Defendants B, C (Inheritance Shares: 1/6), D, E (Inheritance Shares: 1/6), J (Inheritance Shares: 1/10), Defendant F (Inheritance Shares: 1/15), and G.

The principal and interest of the instant claim calculated as of June 25, 2015, which is the first death day, are KRW 227,198,81 (principal KRW 120,674,572).

E. Defendant E, C, and F’s decision to grant immunity was finalized on June 5, 2012 by filing for bankruptcy and application for immunity with the Seoul Central District Court for immunity (201, 11993). The said decision became final and conclusive on June 26, 2012.

Defendant E, upon bankruptcy and application for immunity in this Court, shall be from this Court on July 22, 201.