logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.06.23 2014가단29114
약속어음금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 70,000,000 per annum from July 11, 2004 to the day of full payment.

Reasons

1. According to Gap evidence Nos. 1-2 and 1-2 of the judgment as to the cause of the claim, the plaintiff filed a lawsuit against the defendants for the payment of the amount of KRW 70,000,000 which was jointly issued by the defendants on Aug. 29, 1994 against the defendants, and the above court rendered a judgment on Aug. 16, 2004 that "the defendants jointly pay to the plaintiff the amount of KRW 70,000,000 and the amount of KRW 20% per annum from July 11, 2004 to the date of full payment," and the above judgment can be accepted as the facts established on Sep. 23, 2004, and there is no counter-proof.

Therefore, barring any special circumstance, the Defendants are jointly obligated to pay 70 million won to the Plaintiff who filed the instant lawsuit for the interruption of extinctive prescription and 20% interest per annum from July 11, 2004 to the date of full payment.

2. As to the determination of Defendant C’s assertion, Defendant C asserts to the purport that the Plaintiff’s claim against the Defendant should be dismissed or dismissed, on October 16, 2014, as Defendant C filed an application for bankruptcy and exemption from liability with the Suwon District Court No. 2014Hadan5863, 2014 and 5863 on October 16, 2014.

The Defendant C applied for bankruptcy and exemption.

Even if the bankruptcy and the procedure of exemption becomes final and conclusive, the plaintiff's exercise of rights in the plaintiff's lawsuit, which is the creditor, is not limited. Thus, the defendant C's above assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case is accepted for reasons.

arrow