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(영문) 서울중앙지방법원 2018.05.03 2017가단5243474
양수금
Text

1. The Defendants shall be jointly and severally, and Defendant B shall not exceed KRW 130,00,00,000 for up to KRW 84,656,938 and 74,910 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 6, 2005, Komato 2 Savings Bank Co., Ltd. (hereinafter “Inmato 2 Savings Bank”) extended loans to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) by setting a loan period of 24 months, interest rate of 12% per annum, interest rate of 20% per annum, interest rate of 20% per annum, and 100 million won per annum to repay in installments on the sixth day of each month.

B. When the Defendant Company did not pay the above installment payments, the Homato2 Savings Bank filed a lawsuit against the Defendants against the Busan District Court 2007da116255, and the Defendants were served by public notice. On November 30, 2007, the above court rendered a judgment on the following: “The Defendants shall jointly and severally pay to the Plaintiff, but the Defendants shall not exceed KRW 130,000,000,000, and KRW 84,656,938, and KRW 74,910,248,000 per annum from March 27, 2006 to the date of full payment (hereinafter “the judgment in a prior suit”).

On December 1, 2007, the original judgment was served by public notice on the Defendants, and the above judgment became final and conclusive on December 15, 2007.

C. Thereafter, on June 28, 2011, Homato2 Savings Bank transferred the said claim against the Defendants to the Plaintiff, and around August 4, 2011, notified the Defendants of the said transfer.

[Reasons for Recognition] The purport of the whole pleadings is as follows: Evidence Nos. 1, 4 through 7, Evidence No. 2-1 and Evidence No. 2

2. Determination:

A. According to the above facts of recognition, unless there are special circumstances, the defendants are jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum for KRW 84,656,938 and KRW 74,910,248 from March 27, 2006 to the date of full payment.

B. As to this, the Defendants did not notify of the judgment of the previous suit.

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