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(영문) 서울중앙지방법원 2016.10.12 2016가단45913
양수금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several KRW 126,834,097 and KRW 42,000,000 among them:

B. Defendant C.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff and the debtor is the defendant) is not disputed between the parties, or can be recognized in full view of the purport of Gap evidence Nos. 1 through 5 and the whole pleadings. Thus, the plaintiff is jointly and severally liable to pay to the plaintiff 1,26,834,097, and the principal 42,00,000,000 among the principal and interest of the first and second loans, within the limit of 750,00,000,000, the total principal and interest of the first loans within the limit of 90,927,796, and the principal and interest of the first loans from July 24, 2008 to the date of complete payment.

2. As to the judgment on Defendant B’s defense, Defendant B’s joint and several liability expired. However, according to the evidence evidence No. 5, the bankruptcy trustee of the bankrupt company, the Dong Mutual and Finance Company, which transferred his claim against Defendant B, filed a lawsuit against Defendant B against the bankrupt company, seeking payment of the above loan under the Seoul Central District Court 2005Da229739, and it can be acknowledged that the above judgment became final and conclusive around that time. Since the lawsuit of this case was filed before the lapse of 10 years thereafter, the above defense by Defendant B was eventually groundless.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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