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(영문) 서울북부지방법원 2018.01.26 2017가단132851
양수금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several 153,745,428 won and its 49,085,126 won, Defendant A and B’s joint and several 153,745,428 won

Reasons

1. Basic facts

A. The Treatment Heavy Industries Co., Ltd. concluded a debt repayment agreement with F, Defendant A, and B on March 29, 1997.

On October 23, 2000, Daewoo Heavy Industries Co., Ltd., divided and established by Daewoo Heavy Industries Co., Ltd., comprehensively succeeds to the property, rights, and obligations of Daewoo Heavy Industries Co., Ltd., and on December 29, 2005, upon entering into an asset acquisition agreement with the Korea Human Human Human Investment Co., Ltd., Ltd., the transfer of all rights.

B. Korea Human Investment Co., Ltd. filed a lawsuit against F, Defendant A, and B on the claim for the amount of money taken over at F, Defendant A, and 207da12489. On August 30, 2007, the above court rendered a judgment that “F, Defendant A, and B jointly and severally with the Plaintiff for KRW 153,745,428, and KRW 49,085,126 among them, from January 12, 2006 to January 31, 2007; Defendant A shall be until January 31, 2007; Defendant B shall be until July 24, 2007; Defendant B shall be paid 25% per annum from May 23, 2007; and Defendant B shall be paid 20% per annum from the following day to the date of full payment.”

After all, the claims based on the above judgment against the F, Defendant A, and B of the Korean Human Entertainment Co., Ltd. were assigned in sequence to the Plaintiff.

C. The F died on July 9, 2010, and the Defendant C and E, his spouse, succeeded to the Deceased.

Defendant C, D, and E filed a qualified acceptance report with the Busan District Court Decision 2010-Ma737, which became final and conclusive on November 25, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts based on the judgment, ① Defendant A and B jointly and severally, KRW 153,745,428, and KRW 49,085,126 from January 12, 2006 to January 31, 2007; Defendant B shall be 25% per annum until May 23, 2007; and KRW 15% per annum from the next day to the day of full payment; ② Defendant C shall be jointly and severally and severally with the above Defendants, within the scope of inheritance from F.

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