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(영문) 서울중앙지방법원 2016.11.02 2016가단5198775

양수금

Text

1. The Plaintiff:

A. For Defendant A: 112,435,937 won and 31,111,210 won among them:

B. Defendant B is Defendant A.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff and the debtor is the defendant) is not in dispute between the parties, or can be recognized in full view of the purport of the entries and the whole arguments as to Gap's 12,435,937 won in total and the principal of 31,111,210 won in total, and 5,752,278 won in total, and 15,750,347 won in total, and damages for delay calculated at the rate of 17% in total, from March 10, 2016 to the day of full payment, shall be jointly and severally with the defendant Gap, and damages for delay calculated at the rate of 17% in total, from March 10, 2016 to the day of full payment.

2. As to the defendants' defenses, the defendants asserted that the plaintiff's claim for the takeover amount has expired. However, according to the Gap evidence No. 1, the plaintiff filed a lawsuit against the defendants for the payment of the above takeover amount under Seoul Central District Court Decision 2006Da30677, June 28, 2006, and it can be recognized that the above judgment became final and conclusive around that time. Since the lawsuit of this case was filed before the lapse of 10 years thereafter, the defendants' defenses are without merit.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.