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(영문) 서울중앙지방법원 2015.06.09 2014가합33951
양수금
Text

1. The Plaintiff:

(a) Defendant A and B are jointly and severally with Korea Water Industry Corporation and D;

B. Defendant C is from the network E.

Reasons

1. Facts of recognition;

A. On January 28, 2004, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) which is a trustee in bankruptcy of a new financial company after the bankrupt filed a lawsuit against the Korea Water Accounting Corporation, D, B, F, and E by the Seoul District Court Decision 2002Gadan36239 and rendered a final judgment against the said court on January 28, 2004, “The defendants jointly and severally paid to the Plaintiff KRW 1,400,000 among them, and KRW 850,000 among them, from December 30, 1997 to 50,000,000, from December 31, 1997, from 450,000,0000 to 30% of the annual interest rate of KRW 50,50,000,000 until 10,000,000 each of them were repaid.”

B. On March 14, 2005, the Korea Deposit Insurance Corporation transferred the above judgment claims to the Plaintiff and notified the obligor of the above assignment of claims.

C. On December 19, 2013, E had children G and Defendant C, and died on December 19, 2013, Defendant C reported the qualified acceptance on January 29, 2014 by the Seoul Family Court 2014Hun-Ma995, and reported it to the same court on April 15, 2014.

[Ground for Recognition] Defendant A: Statement of Confession (Article 150(3) and (1) of the Civil Procedure Act) by Defendant B, Defendant C: Evidence Nos. 1 through 3, and evidence Nos. 2 and 3

2. Determination

A. According to the facts of the above recognition of the claim against the defendant A and B, the defendant A and B are jointly and severally liable to pay the plaintiff 140,000,000,000 won which the plaintiff seeks as part of the debt under the above final and conclusive judgment against the plaintiff and 85,00,000 won which the plaintiff seeks as part of the debt under the above final and conclusive judgment, from December 30, 1997 to December 31, 1997; 45,00,000,000 won from December 31, 1997 to December 31, 1997; 5,00,000,00 won from January 15, 1998 to November 3, 19, 200 each year from the next day to November 3, 200, and the damages for delay calculated by 20% per annum.

B. The fact of the above recognition against the defendant C.

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