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(영문) 서울중앙지방법원 2014.11.21 2014가단100533
양수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 157,906,80 and KRW 67,126,479 among them, Defendant B shall be jointly and severally liable to the Plaintiff on May 25, 2014.

Reasons

1. The facts constituting the cause of the instant claim and the following changes are recognized as either there is no dispute between the parties, or as a whole comprehensively taking account of the purport of the entire pleadings in Gap evidence Nos. 1 through 10. Thus, the Defendants jointly and severally are liable to pay damages for delay at a rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the delivery of a copy of the instant complaint, to Defendant B, from May 25, 2014, and from May 27, 2014, to Defendant A, from the day following the delivery of a copy of the instant complaint, to May 27, 2014, and from June 25, 2014, to the day of full payment. However, Defendant A and B are jointly and severally liable to pay damages for delay at a rate of 157,906,000 won per each guarantee limit.

2. As to this, the defendant company asserted that the transfer of the claim stated in the annexed sheet to the plaintiff is invalid as it constitutes a litigation trust. However, there is no evidence to prove the above assertion, and the above assertion by the defendant company is without merit.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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