logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.17 2016가단4417
양수금
Text

1. The defendant shall pay to the plaintiff KRW 40,952,448 as well as KRW 20,00,000 from January 28, 2005 to May 27, 2005.

Reasons

1. Determination on the cause of the claim

A. The above court rendered a final and conclusive judgment of 14% per annum from January 28, 2005 to May 27, 2005, and 152,326,317 won per annum from May 28, 2005 to May 27, 2005, and from May 27, 2005 to May 27, 2005 to 2014% per annum from May 28, 2005.

(2) On September 8, 2009, the bankruptcy trustee transferred his claim against the defendant to the plaintiff on September 8, 2009. The notice of the assignment of claim was given to the defendant around that time.

(3) The Plaintiff filed the instant lawsuit on November 20, 2015 for the extension of extinctive prescription of claims based on the instant final judgment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including virtual number), the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff for the extension of the extinctive prescription amounting to KRW 20 million and delay damages amounting to KRW 20,952,448 of the principal and KRW 20,952,448 of the bonds based on the final judgment of this case and KRW 20 million of the principal from January 28, 2005 to May 27, 2005, and delay damages amounting to KRW 14% per annum from May 28, 2005 and from May 28, 2005 to the date of full payment.

2. Judgment on the defendant's assertion

A. On November 6, 2001, the bankruptcy trustee agreed with the Defendant, B, C, D, E, and F (hereinafter “Defendant, etc.”) to exempt the Defendant, etc. from the total amount of the remaining obligations if the Defendant, etc. repays KRW 5.1 billion out of the loan obligations.

Since then, the defendant et al. repaid KRW 5.1 billion according to the above agreement.

Therefore, the defendant's obligations are the same.

arrow