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(영문) 인천지방법원부천지원 2019.06.18 2018가단13259

매매대금반환

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,700,000 and Defendant B from February 20, 2008, and Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendants for the payment of the agreed amount. On September 16, 2008, the Incheon District Court Branch Decision 2008Kadan447 decided on September 16, 2008, that the Defendant B jointly and severally paid to the Plaintiff the amount of KRW 45.7 million and the amount calculated by the rate of KRW 20% per annum from February 20, 2008 to the date of full payment, and the Defendant C paid the amount from March 14, 2008 to the date of full payment, which became final and conclusive.

B. The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim based on the foregoing final judgment.

[Based on recognition] ① A: A without dispute; there is no significant fact in this court; ② The entry of evidence Nos. 1, 2, and 3 between the Plaintiff and the Defendant C; and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to the Plaintiff, and Article 1-A.

According to the final and conclusive judgment like Paragraph B, Defendant B is obligated to pay 45,700,000 won and damages for delay calculated from February 20, 2008; Defendant C is obligated to pay 20% per annum from March 14, 2008 to September 30, 2015; and 15% per annum from the following day to the date of full payment.