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(영문) 서울중앙지방법원 2016.07.21 2015가단168284

양수금

Text

1. The Plaintiff, Defendant A, and C jointly and severally, KRW 163,00,00,00, and Defendant D are both Defendant A and C.

Reasons

1. Facts of recognition;

A. Busan2 Mutual Savings Bank filed a lawsuit against Defendant A (hereinafter “Defendant A”), E, and Defendant D with Busan District Court 2004Gahap21018, and received a judgment from the above court on September 9, 2005 to pay money at the rate of 20% per annum from May 15, 2005 to the 564,017,725 won (the balance of loans Nos. 1, 3, 4, 11, 12, and 14) jointly and severally, Defendant A and the above E jointly and severally, to the 1,059, 830,673 won (the balance of loans No. 2, 5 through 10, and 13) and each of the above money.

B. On August 26, 2011, the Plaintiff succeeded to and acquired the foregoing judgment claim from the said savings bank in accordance with the Financial Services Commission’s decision on the transfer of contracts.

C. The above E died on August 21, 2008, and there was Defendant C as his heir.

The plaintiff sought the payment of the above judgment amount by the lawsuit of this case against the defendant Eul, who is the heir of the defendant Eul and the above Eul, (i.e., the total amount of KRW 163 million out of the loans set forth in the above Nos. 1 through 14 (i.e., KRW 2.5 million) (i., KRW 2.5 million in KRW 2.5 million in KRW 2.5 million in KRW 5 million in KRW 2.5 million in KRW 2.5 million in KRW 1,50 million in KRW 1,50 million in KRW 2.5 million in KRW) against the defendant Eul. The plaintiff sought payment of part of the loans set forth in the above Nos. 1, 3,44, 11, 12, and 14 against the defendant Eul, KRW 160 million in total (= KRW 1.1 million in KRW 1 million in KRW 1 million in KRW 1 million in KRW 2.5 million in KRW 1 million in KRW 2.5 million in total).

[Ground for Recognition] Defendant A: Each entry of the evidence No. 1 and No. 2 (including paper numbers), and the purport of the whole pleadings, as a whole, of confession (Article 150(3) of the Civil Procedure Act), Defendant C, and D

2. According to the above facts of recognition, Defendant A and C jointly and severally with Defendant A and C, Defendant D, jointly and severally with Defendant A and with Defendant C, with the amount of KRW 160 million out of the above amounts, and each of the above amounts, as the Plaintiff seeks, 20% per annum from May 15, 2005 to September 30, 2015, and from the next day to the date of full payment.