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(영문) 서울서부지방법원 2017.12.21 2017나34558

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,848,00 and the Defendants’ amounting to KRW 1,848,000 on September 18, 2008.

Reasons

1. Facts of recognition;

A. On August 12, 2005, the Korea Phone Board Co., Ltd. (hereinafter “Nonindicted Company”) agreed to place an advertisement of “C” on the Korean Phone Book published by Defendant A and Nonparty Company, and receive KRW 1,133,00 (including value-added tax) from May 2006. Defendant B guaranteed the above advertising payment obligation to Nonparty Company, and the Nonparty Company posted the said advertisement around that time.

B. On May 11, 2006, the non-party company agreed to place an advertisement for C with the Defendants and the above Korea Phone Book, and to receive the advertisement amount of KRW 1,463,00 (including value-added tax) until December 30, 2006, and then posted the advertisement around that time.

C. On September 4, 2008, the non-party company filed a lawsuit (Seoul Western District Court 2008Gaso8280) claiming the payment of the outstanding amount of KRW 1,848,00 (hereinafter “the advertising price in this case”) against the Defendants (the Seoul Western District Court 2008Gaso8280) and sentenced the non-party company to “the defendants jointly and severally pay to the non-party company the amount of KRW 1,848,00 and the amount calculated at the rate of KRW 20% per annum from September 18, 2008 to the day of full payment,” and the above judgment was finalized on October 22, 2008.

On December 3, 2014, Nonparty Company transferred the instant advertising price claim to the Plaintiff, and notified Defendant B of the transfer on March 14, 2015, and Defendant A of the said transfer on May 4, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally do so to the Plaintiff, the assignee of the advertising price claim of this case, and to the day of full payment from September 18, 2008, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 2(1) of the Addenda to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 3(1) of the former Act on Special Cases Concerning the Legal Rate, Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 3(1) of the former Act on Special Cases Concerning