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(영문) 서울중앙지방법원 2016.08.19 2015가단186275
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,000,000 and the Defendants A and B with respect thereto from March 18, 2016.

Reasons

1. Facts of recognition;

A. On October 25, 2005, Hyundai Swiss Mutual Savings Bank (hereinafter “Moskin Bank”) filed a loan claim lawsuit against the Defendants, and sentenced on October 25, 2005 to the Seoul Central District Court that “the Defendants jointly and severally paid to the Plaintiff the amount of KRW 2,535,236,35 won and KRW 1,498,975,706 per annum 24% per annum from May 20, 2004 to the date of full payment” (No. 2240). The above judgment became final and conclusive on November 23, 2005.

(The claim based on the above judgment is referred to as "the claim of this case"). (b)

The non-party bank transferred the claim of this case to the plaintiff. On August 5, 2013, the plaintiff notified the defendant B of this case by content-certified mail, and on September 3, 2013 to the defendant A of this case.

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

2. According to the above facts of recognition, the Defendants jointly and severally filed the instant lawsuit for the extension of the prescription period as the assignee of the instant claim, and as they seek by the Plaintiff, Defendant A is obligated to pay damages for delay calculated at the rate of 24% per annum from March 18, 2016, the day following the delivery date of a copy of the complaint, and from March 17, 2016, Defendant B is obligated to pay damages for delay calculated at the rate of 24% per annum from March 17, 2016, the day following the delivery date of a copy of the complaint to the day of complete payment.

3. The plaintiff's claim for conclusion is justified and acceptable.

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