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(영문) 서울중앙지방법원 2020.11.26 2020가합578486

양수금

Text

The Defendants jointly and severally pay to the Plaintiff KRW 526,441,554 as well as KRW 462,90,761 among them, from March 29, 2006.

Reasons

1. Indication of claim;

A. H Co., Ltd. stated in the written application for D payment order seems to have clearly written errors in D.

The Defendants filed a lawsuit against the Seoul Central District Court 2010Kadan25596 (Seoul Central District Court 2010). On November 1, 2010, the above court rendered a judgment to the effect that “the Defendants jointly and severally filed a lawsuit against D, 526,41,554 won, and 462,990,761 won among them, shall be paid 19% per annum from March 29, 2006 to September 14, 2010, and 20% per annum from the next day to the date of complete payment,” and the above judgment was finalized on November 17, 2010.

B. The aforementioned judgment claim against the Defendants of D Co., Ltd. was transferred to the Plaintiff on August 8, 2019 through E Co., Ltd. (F Co., Ltd., and G Co., Ltd.). Around that time, notice of the transfer of claims was given to the Defendants.

C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from March 29, 2006 to the date of full payment, as to KRW 526,441,554 and KRW 462,90,761 among them.

(Amount of delayed damages shall be reduced in order to reduce litigation costs and minimize the burden of the Defendants; 2. Judgment by each applicable provisions of law (Article 208(3)2 of the Civil Procedure Act)