(영문) 부산지방법원 2019.08.28 2019가합45131

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(영문) 부산지방법원 2019.08.28 2019가합45131

양수금

Text

1. The defendant shall pay to the plaintiff KRW 1,764,713,529 among the costs and KRW 335,224,69 from March 30, 2019 to the date of full payment.

Reasons

1. Basic facts

A. C.C. (formerly: D.) A.C. (formerly: D.) filed a claim against the Defendant for a loan against the Defendant and the E, but the following only explains the part related to the instant case.

Busan District Court 2008Kadan112007 filed a loan claim lawsuit.

B. On February 18, 2009, the Busan District Court rendered a ruling that the Defendant shall pay to the Plaintiff 796,468,484 won and 366,283,212 won with interest of 18% per annum from April 15, 2008 to the date of full payment. The above ruling became final and conclusive on April 1, 2009.

(hereinafter referred to as “instant claim”). C. The claim based on the said final judgment (hereinafter referred to as “instant claim”).

C Partnership transferred the instant claim for judgment amount to the Plaintiff on December 21, 2017, and at that time, notified the Defendant of the assignment of claim pursuant thereto.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the suit for the interruption of extinctive prescription of the judgment bond of this case at the rate of 18% per annum from March 30, 2019 to the date of full payment of the principal amount of KRW 1,764,713,529, plus the principal and interest as of March 29, 2019, and delay damages calculated at the rate of 18% per annum from March 30, 2019 to the date of full payment of the principal amount of KRW 335,224,69.

B. On May 30, 2017, the Defendant asserted that the Defendant’s representative director E was exempted from the obligation to perform the obligation based on the instant judgment claim, on the grounds that the decision became final and conclusive on June 14, 2017 by Busan District Court Decision 2016Da70254, May 30, 2017, but the Defendant still has the obligation to perform the obligation to perform the obligation based on the instant judgment claim even if the representative director is exempted from the obligation to grant immunity. However, even if the individual is legally granted a decision of immunity, it does not affect the right to

Therefore, the defendant's above assertion is without merit.

3. Conclusion.

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