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(영문) 대전지방법원 2015.06.03 2015가합100550
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,695,804,505 and KRW 500,000 among them, from February 22, 1998 to February 198.

Reasons

Basic Facts

On June 2, 2004, the Plaintiff filed a lawsuit against Defendant A Co., Ltd. (hereinafter “A”), Defendant B, and C, and D with the Daejeon District Court 2004Gahap4977. On March 23, 2005, the Plaintiff was sentenced to a judgment with the following contents from the above court (hereinafter “instant judgment”). The instant judgment became final and conclusive on April 27, 2005.

The Plaintiff

1. Defendants A, C and B shall jointly and severally obtain 1,695,804,505 won and 853,838,429 won from February 22, 1998; 70,000,00 won from March 2, 1998; 32,43,489 won from March 13, 1998 to 322,43,489 won; 107,138,444 won from April 17, 1998 to 10.20% per annum from April 18, 1998 to 199:

2. D shall pay KRW 12,086,097 out of the amount stated in paragraph 1., jointly with Defendant A, C, and Defendant B, respectively.

【The Plaintiff and Defendant A are liable to pay the Plaintiff the instant lawsuit for the interruption of extinctive prescription under Article 208(3)2(i) of the Civil Procedure Act, with 25% per annum from February 22, 1998 to October 11, 1998; 21% per annum from the next day to January 10, 1999; 19% per annum from the next day to the next day to December 30, 304; and 20% per annum from the next day to the next day to the next day to December 30, 204, as the Plaintiff seeks.

The defendant A, a representative liquidator of the defendant, has already been declared bankrupt and has already been granted immunity under Article 520-2 (1) of the Commercial Act.

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