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(영문) 서울중앙지방법원 2018.12.12 2018가단5199079

양수금

Text

1. The defendant is jointly and severally with C, D, E, F, G, and H within the limit of KRW 390,000,000,000.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff filed a lawsuit against the Defendant and C, D, E, I, F, G, H, J, K, L, M, N, and K to the Busan District Court 2006Gahap19316. The above court on June 12, 2008 against the Plaintiff:

A. As to KRW 1,166,712,38 and above KRW 831,449,639 among the above money, Defendant C Co., Ltd., 36% per annum from August 23, 2004 to the date of full payment; KRW 135,262,69 per annum from September 21, 2004 to the date of full payment; KRW 36% per annum from September 21, 2004 to the date of full payment; and KRW 24% per annum from June 2, 2004 to July 30, 2004 to the date of full payment; and KRW 36% per annum from the next day to the date of full payment; and

B. Of the amount described in paragraph (1) jointly with Defendant D Co., Ltd., Ltd., Defendant D Co., Ltd., E, I, B,F, and G, KRW 1,031,449,639, and KRW 36% per annum for KRW 831,449,639 from August 23, 2004 to the date of full payment, KRW 200,000 per annum for KRW 24% per annum from June 2, 2004 to July 30, 2004; and KRW 36% per annum from the next day to the date of full payment; and KRW 36% per annum from the next day to the date of full payment; and KRW 135,266,69, and KRW 390,00 per annum for KRW 390,00,00 per annum for Defendant D Co., Ltd., Ltd., and KRW 365,69,299.

2. It is confirmed that there is no lien on the real estate listed in the separate sheet by Defendant L andO.

3. The plaintiff's claims against J, K, M and N are dismissed, respectively.

The judgment was pronounced, and the above judgment became final and conclusive on July 9, 2008 against the defendant.

(2) The Plaintiff filed an application for a compulsory auction on real estate with Q from the Gwangju District Court as to the Defendant’s share in the Jeonsung-gun P, Jeonsung-gun P, a title of execution, and received a dividend of KRW 10,540,069 on March 20, 2009 from the above auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

B. According to the above facts of recognition, the defendant is the principal debtor as requested by the plaintiff.