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(영문) 서울중앙지방법원 2017.05.26 2016가합38684
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff 230,000,000 won and as a result, from March 14, 1995 to July 19, 195.

Reasons

1. Indication of claim;

A. On October 19, 2006, the Plaintiff filed a claim with the Seoul Central District Court 2006Gahap39763 against the Defendants for the takeover of money:

A. The defendants shall jointly and severally pay 2,300,000,000 won with 17% per annum from March 14, 1995 to July 19, 195, and 25% per annum from the next day to the day of full payment;

B. The judgment of the court below was rendered on November 18, 2006, and the judgment of the court below became final and conclusive.

B. Since the ten-year statute of limitations has expired from the date the above judgment against the Defendants became final and conclusive, the Plaintiff intends to interrupt the statute of limitations by filing a judicial claim again.

However, the money that the Defendants are obliged to pay to the Plaintiff is ordered to pay to the Plaintiff, and the above 2006Gahap39763 is ordered.

The amount set forth in the paragraph (2) (2,300,000,000) or the plaintiff intends to claim only 230,000,000 won, which is a part of the amount, and damages for delay.

C. Therefore, the Defendants jointly and severally ordered the Plaintiff to pay 2006Gahap39763.

It is obligated to pay 230,00,000 won, which is a part of the amount stated in the subsection, and 17% per annum from March 14, 1995 to July 19, 195, and 25% per annum from the next day to the day of full payment.

2. Applicable provisions;

A. Article 208(3)2 and Article 150(3) of the Civil Procedure Act (i.e., deemed as “self-concrimination”) against Defendant Cement Manufacturing Co., Ltd., A, and B

B. Article 208(3)3 of the Civil Procedure Act (amended by public notice) against Defendant C

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