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(영문) 부산지방법원동부지원 2019.02.20 2018가단212674
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. and B, jointly and severally, KRW 121,616,780 and KRW 93,311,505 among them.

Reasons

1. Basic facts

A. The Credit Guarantee Fund filed a lawsuit against Defendant A corporation, H, G, and Defendant B with Seoul Western District Court Decision 2008Kadan27397, and was sentenced by the above court on June 20, 2008 that "the above judgment was finalized on November 17, 1982 that "the payment of 121,616,780 won to the Plaintiff and 93,311,505 won to the Plaintiff jointly and severally, and the amount of 18% per annum from January 17, 1992 to January 22, 1994 and 19% per annum from January 23, 1994 to the day of full payment." The above judgment became final and conclusive on July 19, 2008.

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred a claim established by the said judgment to the Plaintiff (hereinafter “instant claim”) and notified G and Defendant B of the assignment of the claim on October 30, 2014.

C. On July 20, 2017, the above G died, and the heir was Defendant C, D, E, and F, who is the spouse, the spouse of Defendant B and his/her heir, and they were tried to grant inheritance approval on December 11, 2017 as Suwon District Court Branch Branch Branch 2017Ra932.

On July 18, 2018, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the instant claim.

【Defendant A Co., Ltd., C, D, E, and F: The significant facts in this Court, Gap evidence Nos. 1 and 2, Eul evidence No. 1, and the purport of the whole pleadings, as a whole, defendant B: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the facts of the determination as to the cause of the claim, the court below held that ① Defendant A Co., Ltd. and B Co., Ltd. shall pay to the Plaintiff 121,616,780 won jointly and severally, and KRW 93,311,50 among them, 182 to November 17, 1982, and KRW 18% per annum from January 22, 1994 to January 22, 1994, and KRW 19% per annum from January 23, 1994 to the day of full payment. ② Defendant C, D, E, and F shall be jointly and severally and severally with Defendant A Co., Ltd., within the scope of property inherited from the deceased G (=12,12,141 won x 121,616,780 won x 2/11), and 16,75,728 won per annum from among them 16,931,512.1

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