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(영문) 대전지방법원논산지원 2015.01.15 2014가단1846

양수금

Text

1. The defendants are jointly and severally liable to the plaintiff for 33,200,000 won and the defendant A and D with respect thereto from December 1, 2006.

Reasons

1. Indication of claim;

A. Defendant A had a face value of KRW 33,200,000 for payment to E, but the said check was defaulted.

B. On July 27, 2006, Defendant B, C, and D drafted a letter of non-performance to pay KRW 33,200,000 to E as compensation for damage caused by the default of the said check by November 30, 2006.

C. On January 2, 2014, E transferred the above claim against the Defendants to the Plaintiff. On January 10, 2014, E notified the transfer of the above claim to the Defendants.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay damages calculated at the rate of 33,200,000 won and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of service of a copy of the instant complaint with respect to Defendant A and D, July 19, 2014, the date of service of a copy of the instant complaint with respect to Defendant B and C, and 5% per annum under the Civil Act until December 11, 2014, the date of service of a copy of the instant complaint with respect to Defendant B and C, and 20% per annum from the following day to the date of full payment.

2. Grounds;

A. Defendant A or D Confession (Article 150(3) and Article 208(3)2 of the Civil Procedure Act)

B. Judgment by public notice by Defendant B or C (Article 208(3)3 of the Civil Procedure Act)