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(영문) 서울중앙지방법원 2016.05.18 2015가단203705
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd and Defendant C jointly and severally KRW 47,221,977 and one of them, 18,686.

Reasons

1. Facts of recognition;

A. The Korea Asset Management Corporation filed a lawsuit against the Defendants as Seoul Central District Court 2005da77266, and the above court rendered a judgment on September 28, 2005 with the following contents, and the above judgment became final and conclusive around that time.

1. The Plaintiff:

A. As to Defendant A Co., Ltd and Defendant C’s joint and several KRW 47,221,977 and KRW 18,686,94 among them, from December 27, 1994; as to the remainder of KRW 28,535,03,03; as from June 7, 1994;

B. Defendant B is jointly and severally with Defendant A corporation and Defendant C.

The amount of KRW 18,686,94 of the money stated in this paragraph and the amount calculated by applying 17% per annum from December 27, 1994 to March 28, 1995 and 18% per annum from the following day to the full payment date.

2. The costs of lawsuit are assessed against the Defendants.

3. Paragraph 1 can be provisionally executed.

B. On September 18, 2012, the Plaintiff from the Korea Asset Management Corporation.

On July 8, 2015, the claim mentioned in the Paragraph was acquired, and the instant lawsuit was filed on July 8, 2015 for the interruption of extinctive prescription of the said claim.

[Ground of recognition] · Defendant A corporation: Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings.

· Defendant B, C: Judgment by public notice

2. The assertion and judgment

A. According to the above facts finding as to the plaintiff's claim, the defendant A Co., Ltd and the defendant C are jointly and severally liable to pay to the plaintiff 47,21,977 won and 18,686,94 won among them, 28,535,03 won from December 27, 1994 to March 28, 195, 17% per annum from June 7, 1994 to March 28, 1995, and 18% per annum from the next day to the full payment date. The defendant B is jointly and severally liable to pay to the plaintiff 18,686,94 won out of the above amount and damages for delay from the next day to March 28, 195, and from the next day to 17% per annum.

B. The Defendant A Co., Ltd., which judged on the assertion of the Defendant A Co., Ltd.

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