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(영문) 서울동부지방법원 2018.01.31 2017가단122032

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 476,663,109 and KRW 86,812,884 among them. From June 10, 2006 to April 19, 2007.

Reasons

1. Existence of a final and conclusive judgment and transfer of claims;

A. On June 5, 2007, the global MC Co., Ltd filed a lawsuit against the Defendants on the loans claim against the Seoul Central District Court 2007Kadan10441, and the said court ordered the Defendants to pay the same amount as the claims of this case (However, the damages for delay from April 20, 2007 were 20% per annum), and the above judgment became final and conclusive.

B. On May 15, 2017, the said company transferred the above claim to the Plaintiff, and notified the Defendants of the transfer by content-certified mail.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Since ten years have passed since the above judgment became final and conclusive, the plaintiff may bring a lawsuit again for the interruption of extinctive prescription, and the defendants cannot make arguments inconsistent with the above judgment.

Therefore, as shown in the above judgment, the Defendants are jointly and severally liable to pay the Plaintiff the principal and interest of KRW 476,63,109 and damages for delay calculated at the rate of 19% per annum from June 10, 2006 to April 19, 2007 and 15% per annum from the next day to the date of full payment.

3. citing the Plaintiff’s claim for conclusion