beta
(영문) 서울중앙지방법원 2020.04.28 2019가단5201320

양수금

Text

1. The Plaintiff:

A. Defendant D shall pay the amount of KRW 9,211,392 and the amount of KRW 4,719,451 from December 15, 1998 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 21, 2009, F Co., Ltd. (hereinafter “F”) filed a lawsuit against the network E and Defendant D, and filed a lawsuit, and on July 21, 2009, “The network E shall pay F the amount calculated by the rate of 22% per annum from December 15, 1998 to the date of complete payment, and from December 15, 1998, the network E and Defendant D shall jointly and severally pay the amount of KRW 9,211,392 and KRW 4,719,451 per annum from December 15, 1998 to the date of full payment (hereinafter “the final judgment of this case”). The judgment became final and conclusive from August 29, 209 to the date of full payment.”

B. On November 24, 2013, after the pronouncement and confirmation of the instant final judgment, the deceased on November 24, 2013, and the inheritor was the Defendant C, G, H, and I, the spouse of the Defendant C, G, H, and I, but all children were given up inheritance on February 19, 2014 (Seoul Family Court Decision 2014Ra1613), and Defendant C, after the instant lawsuit, made a qualified acceptance on November 21, 2019.

Seoul Family Court (the Seoul Family Court 2019Hadan8337).

On the other hand, on April 21, 2017, F transferred to the Plaintiff the entire claim under the instant final and conclusive judgment against the deceased E and Defendant D, and the Plaintiff, upon delegation from F, notified the obligor, such as Defendant D and C of the transfer of claims.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription on the final and conclusive judgment of the instant case.

[Grounds for recognition] The entry of Gap 1-3 evidence, Eul 1-2 evidence (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, Defendant D is obligated to perform its obligations under the final judgment of this case, and Defendant C is obligated to perform the deceased’s obligations under the final judgment of this case within the scope of the property inherited from the network E.

3. For the same reasons as above, the Plaintiff’s claim against the Defendants was fully accepted, and the costs of lawsuit between the Plaintiff and the Defendant C are determined to be borne by each party in light of the progress of the lawsuit and so decided as per Disposition