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(영문) 서울중앙지방법원 2015.01.21 2014가합54569
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 4,656,164,383 and KRW 180,00,000 among them, from July 17, 2014.

Reasons

1. On May 4, 2004, Nonparty C and D filed a claim against the Defendants for a part of the loans with the Seoul Central District Court against the bankruptcy trustee of the Korea Comprehensive Finance Corporation against which the claim was indicated.

On July 23, 2004, the above court issued a payment order stating that "the defendants jointly and severally pay to the plaintiff 1,000,000,000 won with 25% interest per annum from December 1, 1999 to the date of full payment (Seoul Central District Court 2004 tea 28958)" and the above payment order was finalized on August 17, 2004 as it is.

On November 9, 2012, Nonparty Deposit Insurance Corporation, who succeeded to the status of the above trustee in bankruptcy, transferred to the Plaintiff a claim based on the above payment order (hereinafter “instant claim”) and notified the Defendants of the assignment of the claim around July 3, 2014.

The remaining principal and interest of the instant claim until July 16, 2014 are KRW 4,656,164,383 (i.e., principal interest of KRW 1,00,000,000).

For the interruption of extinctive prescription, the Plaintiff claims against the Defendants for the delayed payment of KRW 180,00,000 out of the remaining principal and interest and principal of the instant claim.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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