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(영문) 서울중앙지방법원 2018.05.03 2018가단5004546
양수금
Text

1. The defendant shall pay to the plaintiff KRW 38,00,000 as well as 21% per annum from January 11, 1993 to March 25, 1993.

Reasons

1.The following facts of recognition do not conflict between the Parties:

Daedong Bank Co., Ltd. (hereinafter referred to as "the defendant et al.") held a loan claim against the defendant and B, C, and D (hereinafter referred to as "the defendant et al."), and filed a lawsuit against the defendant et al. for a loan claim under the Daegu District Court 98Da1277, and the above court rendered a judgment accepting the claim on June 9, 198, and the above judgment became final and conclusive around that time.

B. On June 10, 2004, the Plaintiff (the former Corporate Reorganization Corporation) was transferred the above claim from the bankruptcy trustee in the Dong Bank Co., Ltd. and filed a lawsuit against the Defendant, etc. for the interruption of extinctive prescription. On November 23, 2007, the court rendered a judgment of 21% per annum from January 11, 1993 to March 25, 1993, with respect to “the Defendant, etc. jointly and severally and severally paid to the Plaintiff KRW 381,903,338, and its amount, 21% per annum from the following day to June 4, 1995, 18% per annum from the next day to November 30, 197, and 18.5% per annum from the next day to December 23, 1997, and 19% per annum from the next day to December 23, 197.”

2. Determination:

A. According to the above facts, the defendant is obligated to pay to the plaintiff 38,00,000 won upon the plaintiff's request (the remaining part of the claim was waived) and 21% per annum from January 11, 1993 to March 25, 1993, 18% per annum from the next day to June 4, 1995, 18.5% per annum from the next day to November 30, 1997, 19% per annum from the next day to December 23, 197, 20% per annum from the next day to December 23, 1997, and 20% per annum from the next day to December 31, 197, and 24% per annum from the next day to the day of complete payment.

B. As to this, the defendant was dissolved on December 15, 1996, the defendant shall comply with the plaintiff's request.

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