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(영문) 서울중앙지방법원 2020.11.26 2020가단5080574

양수금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. and C shall be jointly and severally liable for KRW 84,148,021 and KRW 8,171,431 among them. < Amended by Act No. 4268, Oct. 1990>

Reasons

1. Facts of recognition;

A. On June 10, 2010, the Korea Asset Management Corporation filed a lawsuit against Defendant B Co., Ltd., C, and NetworkF (hereinafter “the deceased”), as Seoul Central District Court Decision 2009Da502012, and the said court rendered a judgment as follows (hereinafter “instant judgment”). The said judgment became final and conclusive on July 31, 2010.

(In the above case, G and H exist, and for convenience, the text of the above judgment itself is stated in the following table). 1. The plaintiff shall:

A. Defendant B Co., Ltd, C, G, and H jointly and severally pay the amount of KRW 100,703,635 among them and KRW 20,79,662 among them, from May 20, 190 to KRW 27,760,062 among them, from January 14, 1989 to KRW 22,163,00 among them, from March 1, 1989 to the date of full payment; and

B. The above A.

(1) Of the money stated in paragraph (1), Defendant F shall pay the amount of KRW 27,760,062 in collaboration with Defendant B Co., Ltd. and the amount of KRW 25% per annum from July 20, 1989 to the date of full payment, and (2) Defendant I shall pay the amount of KRW 20,079,662 in collaboration with Defendant B Co., Ltd. with the amount of KRW 20,079,662 per annum from December 28, 198 to September 12, 198, and the amount of KRW 25% per annum from the following day to the date of full payment;

C. Defendant B Co., Ltd shall pay 16,445,639 won and 15,812,328 won and 19% interest per annum from February 28, 1989 to the date of full payment;

D. Defendant B Co., Ltd, C, and G jointly pay KRW 396,985.

B. Of the judgment of this case, No. 1-A

The phrase “20,079,662 won” in paragraph (1) offsets the amount of KRW 11,908,231 with the I’s exemption from guarantee as of November 12, 2010, and the remaining principal remains 8,171,431 won. As to the damages for delay of KRW 100,703,635 in paragraph (1) (a) of the said paragraph, five million won from the H’s exemption from guarantee as of June 26, 2017 (the repayment of KRW 4,647,383 was made, and the remainder of KRW 352,617 is treated as legal expenses). The phrase “10,703,635 won” in the said paragraph (a) is treated as KRW 84,858,148.