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(영문) 서울동부지방법원 2015.11.25 2015가합102703
양수금
Text

1. The Defendant is jointly and severally and severally with B to the Plaintiff KRW 518,550,601 and KRW 171,069,206, as to the Plaintiff’s KRW 518,550,60.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” is deemed to be the “Defendant.” The claim against B was finalized as a payment order, and the judgment subject to interruption of extinctive prescription in this case is Seoul Central District Court Decision 2004Kadan176517). 2. Service by public notice (Article 208(3)3 of the Civil Procedure Act)

3. Pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015) and Article 2(2) of the Addenda of the same Act, the portion of the Plaintiff’s claim for delayed payment exceeding the rate of 15% per annum from October 1, 2015 in the Plaintiff’s claim is dismissed.

However, the costs of lawsuit shall be borne by the defendant in accordance with Article 98 and the proviso to Article 101 of the Civil Procedure Act.

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