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(영문) 서울중앙지방법원 2015.05.15 2014가단265218
어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 23,00,000 as well as to the day of full payment from November 21, 2004.

Reasons

1. In full view of the entries in Gap evidence Nos. 1 and 5 and the purport of the entire pleadings, it can be acknowledged that brooms filed a lawsuit against the defendants and won the case in the Seoul Central District Court Decision 2004Da155176 Decided Jan. 13, 2005, the plaintiff was entitled to succeed execution clause by taking over his right from brooms after the judgment became final and conclusive, and that the plaintiff filed the lawsuit in the case of this case with the effect that the extinctive prescription of the judgment in accordance with the above judgment is imminent, and the prescription period is interrupted.

Therefore, the defendants are jointly obligated to pay to the plaintiff 23,00,000 won with the above judgment amount and damages for delay calculated by the rate of 20% per annum from November 21, 2004 to the date of full payment.

2. The Defendants asserted that the above judgment is improper, and thus, they cannot respond to the Plaintiff’s claim.

However, since the defendants' assertion is contrary to the res judicata of the above judgment, such assertion against the plaintiff who is the successor to the above judgment is not permissible.

3. The plaintiff's claim against the defendants is accepted.

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