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(영문) 서울중앙지방법원 2016.07.21 2015가합6369

양수금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Bankruptcy Trustee of the Korea Deposit Insurance Corporation of the Measures Agency for the Bankrupt Co., Ltd. (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit seeking damages against H, G, and Defendant E, and F with the Daejeon District Court 2004Gadan27324, asserting that each damage claim against H, and Defendant E, and F exists (hereinafter “each claim of this case”) against H, G, and Defendant E, and the Daejeon District Court sentenced the following judgment (Seoul District Court Decision 2004Gadan27324, Dec. 7, 2004), and the above judgment became final and conclusive on January 2005.

1. The Plaintiff:

A. Defendant G shall pay the amount of KRW 200,000,000 as well as 20% per annum from October 31, 2004 to the date of full payment, and Defendant H shall jointly and severally pay the amount of KRW 10,000,000 among them and the amount of KRW 20% per annum from October 31, 2004 to the date of full payment;

B. Defendant H and G shall jointly and severally pay the amount of KRW 200,000,000 and 20% per annum from October 31, 2004 to the date of full payment;

C. Defendant F and E shall jointly and severally pay the amount of KRW 200,000,000 and twenty percent per annum from October 31, 2004 to the date of full payment. Defendant H shall jointly and severally with Defendant F and E pay the amount of KRW 15,00,000 among them and twenty percent per annum from October 31, 2004 to the date of full payment;

D. Defendant F and E shall jointly and severally pay 10,000,000 won and 20% interest per annum from October 31, 2004 to the date of full payment.

B. On September 23, 201, the Korea Deposit Insurance Corporation transferred each of the instant claims to the Plaintiff, which is a claim under the foregoing judgment.

C. The Plaintiff brought the instant lawsuit for the interruption of extinctive prescription against the claim under the above judgment.

[Based on recognition] Defendant A, B, C, D, and F: A without dispute, each entry of evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), and Defendant E: the purport of the whole pleadings.