beta
(영문) 서울중앙지방법원 2020.10.15 2020가단5120250

양수금

Text

The Plaintiff

A. Defendant B shall pay KRW 152,007,298 and KRW 52,294,775 among them from May 21, 2010 to the date of full payment.

Reasons

In full view of the purport of the arguments as indicated in the evidence Nos. 1 and 2, H Co., Ltd. (hereinafter “instant judgment”), (i) filed a lawsuit against the deceased, a primary debtor, as Seoul Central District Court 2010dan112347. On July 6, 2010, the said court rendered a judgment in favor of all H2,07,294,75 won and 52,75 won, jointly and severally, to the Plaintiff from May 21, 2010 to the day of complete payment. (ii) the Plaintiff received an extension of the statute of limitations period from H Co. 2, Ltd. (hereinafter “the instant judgment”), and (iii) the Plaintiff received an inheritance claim from the deceased, a primary debtor, from the deceased on June 15, 201, and notified the deceased’s heir of the extension of the statute of limitations period of limitations to the Plaintiff’s 16th of the instant judgment. < Amended by Act No. 10631, Mar. 16, 2016>

According to the above facts, the plaintiff, who is the final transferee of the claim based on the judgment of this case, filed the lawsuit of this case for the extension of the extinctive prescription period. As such, the plaintiff is obligated to pay to the plaintiff the damages for delay calculated at the rate of 20% per annum from May 21, 2010 to the date of complete payment of KRW 152,07,298 and KRW 52,294,75 among the costs pursuant to the judgment of this case, and the damages for delay calculated at the rate of 20% per annum from May 21, 2010 to the date of full payment. ② Defendant C, D, E, and F, the heir of the deceased G, a joint guarantor, are the primary debtor, within the scope of inherited property inherited from the deceased G.