beta
(영문) 서울중앙지방법원 2019.12.19 2019가단5041924

양수금

Text

1. The Plaintiff:

A. As to the defendant C corporation 36,063,120 won and double 31,766,117 won:

B. The defendant corporation.

Reasons

1. Facts of recognition;

A. On May 15, 1996, Defendant C Co., Ltd (hereinafter “Defendant C”) obtained a discount loan of KRW 190,00,000 from L Co., Ltd. (hereinafter “L”) under the joint and several surety of the network K.

B. After that, as Defendant C lost a benefit by delaying the repayment of the above principal and interest of loan, L filed a lawsuit against Defendant C and K to seek the payment of the above loan, and L was jointly and severally sentenced to the judgment of the Mine District Court for 21% per annum from August 27, 1997 to December 14, 1997, with respect to 36,063,120 won and double 31,76,117 won, and with respect to 18% per annum from August 27, 1997 to December 23, 1997, 21% per annum from the next day to December 23, 1997, 27% per annum from the next day to June 21, 1998, and 25% per annum from the next day to the day of full payment (the above judgment became final and conclusive.

C. On July 3, 2009, the Korea Asset Management Corporation, which received a successive transfer of the above claim from L, was sentenced to a judgment to the same effect as above (Seoul District Court 2009Da17511), and the above judgment became final and conclusive around that time.

On September 18, 2012, the Plaintiff acquired the claim under the above judgment from the Korea Asset Management Corporation, and notified Defendant C and K of the transfer on behalf of the Korea Asset Management Corporation.

E. On August 21, 2016, the deceased on the part of Defendant E, his children, Defendant F, G, H, I, I, and J jointly inherited the K’s property. On October 24, 2016, the said Defendants received an adjudication to accept a report of qualified acceptance on a qualified acceptance on the part of Defendant E, his children, and the said adjudication became final and conclusive around that time.

F. The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, purport of the whole pleadings (in case of defendant C, deemed confessions)

2. According to the above facts of recognition, Defendant C shall pay to the Plaintiff KRW 36,063,120 and KRW 31,766,117.