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(영문) 대구지방법원안동지원 2019.02.13 2017가단3550
대여금
Text

1. The Defendants jointly hold the Plaintiff KRW 62,50,000 and 5% per annum from January 1, 1992 to December 18, 1997.

Reasons

Basic Facts

Plaintiff

B. D and D filed a lawsuit against the Defendants for the payment of the settlement amount (Seoul District Court 97Dahap26555) and rendered a judgment on July 31, 1998 that "the Defendant shall pay to each of the Defendants and D 31,250,000 won with 5% per annum from January 1, 1992 to December 18, 1997, and 25% per annum from the next day to the date of full payment, and with 31,250,000 won, and with 5% per annum from January 1, 1992 to January 27, 1998, and with 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.

Plaintiff

In addition, D filed a lawsuit seeking the payment of the settlement amount against the Defendants again for the interruption of extinctive prescription (Seoul District Court Branch 2007Kadan4578). On October 10, 2007, the judgment of this case became final and conclusive by the judgment of this case that: (a) the Defendant paid 31,250,000 won to each of the Defendants and D and the amount calculated at the rate of 25% per annum from January 1, 1992 to December 18, 1997; and (b) the amount calculated at the rate of 31,250,000 won from the following day to the day of full payment; and (c) the amount calculated at the rate of 25% per annum from January 1, 1992 to January 27, 1998 to the day of full payment (hereinafter “instant judgment”).

D on June 19, 2008, the Plaintiff transferred to the Plaintiff all claims based on the instant judgment against the Defendants, and on the same day, notified the Defendants of the assignment of claims on the same day.

【Defendant B’s ground for recognition: The non-contentious facts, Gap’s evidence Nos. 1 through 3 (the number is included in each number; hereinafter the same shall apply) and the purport of the entire pleadings: The plaintiff shall pay the plaintiff KRW 5,00,000 between the defendant B and the plaintiff through E, who is an agent, and the plaintiff shall make all other claims based on the decision of this case against the defendant B.

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