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(영문) 서울중앙지방법원 2019.02.13 2018가합557233
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of USD 200,869 to the date of full payment from August 25, 1997.

Reasons

1. In full view of the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff filed a lawsuit against the Defendants on Apr. 14, 2008 against the Seoul Central District Court 2008Gahap34656, and the above court rendered a judgment on Nov. 27, 2008 that “the Defendants jointly and severally liable to the Plaintiff for payment of 200,869 U.S. dollars and 26% interest per annum from Aug. 25, 1997 to the day of full payment.” The above judgment against the Defendant A, which became final and conclusive on Dec. 23, 2008, and on Jan. 21, 2009, the Defendants failed to pay the Plaintiff the debt that became final and conclusive by the above final judgment, and the facts that the Plaintiff filed the lawsuit to suspend the statute of limitations of the claim in this case for the purpose of the interruption of the claim in question.

Since it is recognized that the plaintiff is necessary to file the lawsuit in this case for the interruption of the extinctive prescription of the claim established by the above final judgment, the defendants are jointly and severally liable to pay to the plaintiff 200,869 US dollars and damages for delay calculated at the rate of 26% per annum from August 25, 1997 to the date of full payment.

2. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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