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(영문) 서울중앙지방법원 2016.11.02 2016가단5170197
양수금
Text

1. The Plaintiff:

A. The defendants are jointly and severally liable for 67,698,630 won and 50,000,000 won among them.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff, and the debtor is the defendant) is not disputed between the parties or can be recognized in full view of the purport of Gap evidence Nos. 1 through 3 and the whole pleadings. Thus, the plaintiff is entitled to partial claim by the plaintiff. ① The defendants jointly and severally shall pay to the plaintiff 67,698,630 won and 50,000 won with 19% per annum from March 24, 2001 to February 6, 2006 and 15% per annum from the next day to the day of complete payment. The defendant Eul shall pay 50,000 won within the limit of 76,696,301 won, and 50,000 won with 50,000 won with 15% interest per annum from the next day to the day of complete payment, and the defendants shall be jointly and severally liable to pay 50,000 won to the defendant 20,000 won per annum.

2. As to the judgment on Defendant B’s defense, Defendant B asserted that the claim for the loan that the Plaintiff acquired by transfer was extinguished by prescription. However, according to the evidence No. 1, the Korea Asset Management Corporation requested the Defendants to pay the above transfer money under the Daegu District Court 2006 tea944, and may recognize the fact that the above payment order was served on February 6, 2006 and the above payment order became final and conclusive on February 21, 2006. Since the lawsuit of this case was filed before the lapse of 10 years thereafter, the above defense by Defendant B was eventually groundless.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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