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1. As to KRW 61,100,000 among the Plaintiff and KRW 53,00,000, Defendant C shall be from December 31, 200 to January 16, 2001.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) D was sentenced on March 22, 2001 to the judgment that "the defendants jointly and severally transferred to D the amount of KRW 61.1 million and the amount of KRW 53 million from December 31, 2000 to January 16, 2001, and the amount of 25% per annum from the next day to the date of full payment." After the judgment became final and conclusive on May 8, 2001, D transferred to the plaintiff the claims finalized by the judgment of Gwangju District Court, 2001No35, March 22, 2001. The plaintiff succeeded to the execution clause, and the execution clause was delivered on March 10, 201 to the defendants.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff 6,11 million won and 53,000,000 won per annum from December 31, 200 to January 16, 201, 25% per annum from the next day to May 31, 2003, 25% per annum from the next day to September 30, 201, and 20% per annum from the next day to September 30, 2015, and 25% per annum from the next day to the date of full payment.
2. The fact that the instant lawsuit was filed on April 19, 201, which was ten years after the lapse of 10 years from May 8, 2001, from May 8, 201, which was the date on which the judgment of Gwangju District Court Decision 2001Gahap35 rendered on the Defendants’ defense became final and conclusive. Therefore, the statute of limitations for the claim that the Plaintiff acquired from D had already been completed prior to the filing of the instant lawsuit, barring any special circumstance, and thus, the Defendants’ defense pointing this out
However, comprehensively taking account of the overall purport of the statements in Gap evidence Nos. 4 and 5, the plaintiff is against financial institutions such as defendant C's National Bank of Korea, etc. as of July 28, 201, prior to the lapse of ten years from May 8, 2001, Gwangju District Court Decision 2010TT1353, prior to the lapse of ten years from May 8, 201.