beta
(영문) 서울중앙지방법원 2016.04.05 2015가단21675

양수금

Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: KRW 50,000,000 and as to this,

B. Joint and several of the defendant A.

Reasons

1. Facts of recognition;

A. The Seoul Central District Court 2005da76348 requested the payment of loans to Defendant A Co., Ltd. and its joint and several sureties E (Guarantee Limit 163,00,000).

The above court rendered the following judgment, and the above judgment became final and conclusive at that time.

“The defendants shall jointly and severally pay to the plaintiff 115,09,661 won and 27,454,458 won among them, with 19% interest per annum from September 21, 2003 to March 25, 2005, and 20% interest per annum from the next day to the date of full payment.”

B. The claims based on the above judgment were transferred to the Plaintiff via the Korea Ep&A Specialized Company for the Haban-gu Securitization, and the Korea Social Loan Company for the Mayang-gu, and each notice of assignment was given.

C. On December 15, 2010, the network E died after having left Defendant C and D as a bereaved family member.

Defendant C and D reported the inheritance limited recognition as the family branch of Daegu District Court Decision 2011 Madan253, and the above report was accepted on March 21, 2011.

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

2. According to the above facts of recognition, Defendant A Co., Ltd. is obligated to pay to the Plaintiff the amount of money based on the above judgment, and Defendant C and D are obligated to pay to the Plaintiff the amount equivalent to 1/2 of each inherited share among the net E’s debt amount based on the above judgment.

Therefore, as requested by the Plaintiff, Defendant C and D are jointly and severally liable to pay the amount of KRW 81,500,000 and the amount of KRW 25,000 per annum from December 15, 2003 to March 25, 2005, and the amount of KRW 20% per annum from the following day to the date of full payment.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition by admitting it.