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(영문) 서울중앙지방법원 2018.01.18 2017가합548393

기한 전 상환 청구

Text

1. The Defendants jointly and severally against the Intervenor 1,80,036,000 won and KRW 1,500,030,000 among them.

Reasons

1. On October 16, 2017, the Plaintiff’s judgment on the Plaintiff’s claim was pending in the instant lawsuit, and transferred the Plaintiff’s claim for reimbursement of KRW 1,500,030,000 to the Plaintiff’s succeeding intervenor and all related rights, and notified the Defendants of the fact of transferring the claim. Accordingly, the Plaintiff cannot file a claim for reimbursement before the deadline and a claim for penalty related thereto against the Defendants.

Therefore, the plaintiff's claim is without merit.

2. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. On October 16, 2017, the Plaintiff’s succeeding intervenor transferred the claim for reimbursement prior to the due date specified in the cause of the claim and all related rights from the Plaintiff, and succeeded to the instant lawsuit.

Therefore, the defendants are jointly and severally liable to pay the money stated in Paragraph (1) of this Article to the plaintiff succeeding intervenor.

(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the application is made);