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(영문) 수원지방법원 2015.11.26 2015가단2504
전부금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,597,749 and the interest rate of KRW 15% per annum from September 9, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C filed a loan lawsuit against the Defendant (Seoul District Court 98Gahap73683) and rendered a judgment on February 3, 2000 that "the Defendant (referring to the Defendant) shall jointly and severally with D to pay to the Plaintiff (C) the amount of KRW 715,60,000 and the amount of KRW 25% per annum from September 24, 1998 to the date of full payment." The above judgment became final and conclusive around that time.

Since then C filed a lawsuit (Seoul Central District Court 2010Gahap19964) in order to interrupt extinctive prescription of claims pursuant to the above judgment, and the above judgment was rendered on May 12, 2010 (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. The Plaintiff filed a loan lawsuit (Seoul Central District Court 2012Gada1031234) against C, and on November 22, 2012, the Defendant (C) (referring to the Plaintiff) rendered a judgment that “the Plaintiff (referring to the Plaintiff) shall pay 17,750,000 won with 13,50,000 won with 30% interest per annum from September 3, 2010 to the date of full payment,” and the said judgment was finalized on December 21, 2012.

C. On March 25, 2013 based on the executory exemplification of the judgment rendered in the Seoul Central District Court 2012 Ghana 1031234, the Plaintiff’s assignment order in relation to C as to KRW 27,597,749 out of the loans extended to the Defendant by the Seoul Central District Court 2013TT 2013TT 6092, the Plaintiff is the assignment order in this case.

Upon receipt of the above order, the above order was served to the Defendant on April 5, 2014, to C on April 22, 2014, respectively, and was finalized on April 30, 2014. [Grounds for Recognition] The fact that there is no dispute, Gap 1 through 3, Eul 1, and 2 (if there is a serial number, each entry, including a serial number, and the purport of the whole pleadings.

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the full amount of KRW 27,597,749 to the plaintiff, who is the creditor of the full payment, and damages for delay.

B. The defendant's assertion is determined by C and the defendant.

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