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(영문) 서울중앙지방법원 2016.10.07 2016가합536331

양수금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 221,537,550 and its amount from March 28, 2006 to the date of full payment.

Reasons

1. Facts of recognition;

A. From the time of the second title of the Dongyang Social Co., Ltd. (hereinafter referred to as the “Co., Ltd.”), the Defendant Co., Ltd. (hereinafter referred to as the “Co., Ltd.” omitted) filed a claim for the amount of money transfer by filing a lawsuit against the Defendant Co., Ltd. under the Seoul Central District Court 2005Gahap60197, May 19, 2006, the judgment was rendered on May 19, 2006, “the Plaintiff, the Defendant A, the amount of KRW 21,537,550, the amount of KRW 78,422,100, and the amount of KRW 20% per annum from March 28, 2006 to the date of full payment, and the said judgment was finalized on July 14, 2006.”

B. On June 28, 2013, Sym Savings Bank received the above credit transfer on the part of Eym Savings Bank Co., Ltd., Ltd., Ltd., Ltd., Ltd., Naym Savings Bank, Ltd., Ltd., Nayman Loan Asset Management, Preferred to Co., Ltd., Ltd., and Maym Savings Bank notified the Defendant A

C. The Swiss Savings Bank was declared bankrupt on April 29, 2014, and the Plaintiff was appointed as a trustee in bankruptcy.

H Deceased on April 23, 2013, the heir died, and there was Defendant C, D, E, F, and G, who is the spouse, Defendant C, Defendant C, E, F, and G, who is the spouse. The heir above reported qualified acceptance on August 21, 2013 by the Incheon District Court Branch Branch Decision 2013Ra701.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1-3 of evidence, the purport of the whole pleadings

2. According to the above facts of recognition, since the plaintiff filed the lawsuit in this case for the interruption of the extinctive prescription of the claim based on the above final judgment, the defendant A is obligated to pay each of the damages for delay calculated at the rate of 20% per annum from March 28, 2006 to the day of full payment, and damages for delay calculated at the rate of 18,097,410 won per annum from March 28, 2006 to the day of full payment, and damages for delay calculated at the rate of 20% per annum from March 28, 2006 to the day of full payment from the network H, jointly and severally with the defendant A, within the scope of the property inherited from the network H.

3. Conclusion.