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(영문) 서울중앙지방법원 2017.07.14 2016가단5012192
양수금
Text

1. The Plaintiff:

A. As to Defendant B and D, KRW 178,620,843 among them, and KRW 85,000,000 among them, January 29, 199.

Reasons

1. Facts of recognition;

A. On November 26, 2004, the Korea Asset Management Corporation filed a lawsuit claiming acquisition amount against Defendant B, D, and network E, and on November 26, 2004, “Defendant B, D, and network” jointly and severally with the Korea Asset Management Corporation for KRW 319,211,658 and for KRW 152,139,474 as from January 29, 1999 to KRW 10,497,602 as from October 19, 200 to November 16, 2004, the amount calculated at the rate of KRW 20% per annum from November 17, 2004 to KRW 16,072,00,000 as from January 16, 200 to December 16, 2004, each of them was determined to have been 19% of the total annual amount of KRW 16,000 until December 16, 199.”

B. On August 28, 2012, the Korea Asset Management Corporation transferred the principal and interest claims based on the above judgment to the Plaintiff, and at that time, the Plaintiff was delegated with the authority to notify the assignment of claims and notified the obligor of the assignment of claims.

C. The deceased E died on July 17, 2008, and Defendant C and D, his child, inherited each of the deceased’s obligations by 1/2 shares.

[Grounds for recognition as Defendant C and D: Article 150(3) of the Civil Procedure Act / [Article 150(3) of the Civil Procedure Act / [Article 150(3) of the Civil Procedure Act : Evidence No. 7, Evidence No. 8-1 through 3, and the purport

2. According to the above facts of determination, Defendant B and D are obliged to pay to the Plaintiff the amount of KRW 178,620,843 as to KRW 85,00,00, which the Plaintiff seeks within the scope of principal and interest of the judgment in the previous suit, from January 29, 199; KRW 19% per annum from October 19, 200 to November 16, 2004; and KRW 20% per annum from November 17, 2004 to the day of complete payment; and KRW 10,000,000 per annum from February 23, 199 to November 16, 204 to the day of full payment; and KRW 85,00,00 per annum from November 17, 204 to the day of full payment.

Furthermore, the defendant who has succeeded to 1/2 of the net E's obligations.

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