beta
(영문) 서울중앙지방법원 2015.01.30 2014가합55777

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 5,143,150,684, and KRW 200,000,000, out of the above amounts, with full payment from July 10, 2014.

Reasons

Description of Claim

On April 22, 2004, the bankruptcy trustee B and C filed a payment order (Seoul Central District Court 2004 tea 26039) against the defendant, and on July 9, 2004, the payment order was issued to the defendant with an amount equivalent to 25% per annum from December 13, 1997 to the day of full payment.

The above payment order was served on July 26, 2004 on the defendant and became final and conclusive on August 10, 2004.

On November 9, 2012, the Korea Deposit Insurance Corporation, which is the trustee in bankruptcy, changed to a comprehensive financial company against the bankrupt, transferred the above claims to the Plaintiff, and on July 3, 2014, notified the Defendant of the assignment of claims.

As of July 10, 2014, the above claim remains a total of KRW 5,143,150,684 (= Principal KRW 4,143,150,684).

The Plaintiff filed the instant lawsuit for the completion of extinctive prescription.

(However, however, the damages for delay incurred from July 10, 2014 are claimed only for KRW 200 million. Article 208(3)3 and Article 194 of the Civil Procedure Act of the applicable provisions of Acts (by service by public notice)