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(영문) 수원지방법원안양지원 2016.04.15 2016가합245

확정판결금

Text

1. The Defendants jointly and severally against the Plaintiff’s Intervenor’s Intervenor KRW 635,016,210 and KRW 272,274,373 among them. < Amended by Presidential Decree No. 17568, Jun. 26, 2002>

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

(a) Claim 1) Good mutual savings banks (hereinafter referred to as “good mutual savings banks”);

(2) On July 19, 2005, the judgment of Suwon District Court Branch 2004Gadan28268 (hereinafter “the final judgment of this case”) provides that “The defendants shall jointly and severally pay to good mutual savings banks the amount calculated by the rate of 25% per annum from June 26, 2002 to the date of full payment for KRW 635,016,210 and KRW 272,274,373 (hereinafter “the final judgment of this case”).”

(2) On December 10, 2015, the Plaintiff was appointed as a bankruptcy trustee of a good mutual savings bank (adjudication of bankruptcy on July 26, 2007), and transferred the Plaintiff’s claims against the Defendants to the Intervenor succeeding to the Plaintiff, and notified the Defendants of the transfer of claims around that time.

3. As the Plaintiff’s succeeding intervenor succeeded to the instant lawsuit on March 15, 2016, the Defendants are obligated to pay the final judgment amount to the Plaintiff’s succeeding intervenor.

(b) Article 208(3)3 of the Civil Procedure Act:

2. The plaintiff filed a claim against the defendants for money based on the final judgment of this case, but the plaintiff transferred the above claim to the plaintiff succeeding intervenor during the lawsuit of this case. Thus, the plaintiff's claim against the defendants is dismissed as all of the grounds for appeal.