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(영문) 서울중앙지방법원 2015.12.18 2015가합509394
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall start from May 1, 2004 with respect to KRW 1,237,058,491 and KRW 380,501,447 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against H, Defendant A corporation (hereinafter “A”), B, and C (hereinafter “C”), and the court rendered a judgment that “the Plaintiff shall pay to the Plaintiff the amount of KRW 1,237,058,491 as well as KRW 380,501,447 as to KRW 18% per annum from May 1, 2004 to December 21, 2004; and the amount of KRW 20% per annum from the next day to the date of full payment; and the amount of KRW 1,00,000,000 as to KRW 1,00,000 among the said money, jointly and severally with Defendant A.”

(Seoul Central District Court Decision 2004Kahap36418 delivered on April 12, 2005). The above decision became final and conclusive on June 2, 2005.

B. H died on May 3, 2012.

Defendant D is the spouse of the network H, and Defendant G, B, E, and F are children of the network H.

Defendant D, G, E, and F reported the inheritance limited approval of each network H, and the above inheritance limited approval report was accepted.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, Eul evidence 1 to 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, ① Defendant A shall apply 18% per annum to KRW 1,237,058,491 and to KRW 380,501,447 from May 1, 2004 to December 21, 2004; 20% per annum from the following day to September 30, 2015 to the date of full payment; 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (joint interest rate of KRW 1,237,058,491 as amended by Presidential Decree No. 2653, Sept. 25, 2015; ② The above statutory interest rate of KRW 10 and KRW 100 per annum from each of the former provisions to September 30, 2015; ② The above statutory interest rate of KRW 10 and KRW 150 per annum from each of the above Defendants A and C10 per annum from each of the above provisions.

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