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1. The defendants shall jointly and severally pay KRW 20 million to the plaintiff 19% per annum from February 23, 2008 to the day of full payment.
Reasons
1. Indication of Claim: D transferred to E Co., Ltd. on November 4, 2004 (hereinafter “E”) a total of KRW 1.35 billion to the Defendants arising from June 13, 200 to August 24, 2001, a total of KRW 1.35 billion to the Defendants, and a claim for delay damages at 19% per annum.
E filed a lawsuit (Seoul Central District Court 2008Gahap17569) against the Defendants on the ground of the above assignment of claims, and paid the amount of KRW 2,753,287,063 to E and the delay damages therefor on July 24, 2008, and Defendant C received a favorable judgment that “The payment of KRW 1,75,000,000 out of the above amount is made jointly and severally with Defendant B.”
9.9 The above judgment was finalized.
E transferred a loan claim established by the above judgment to the Plaintiff on February 2, 2011, and notified the Defendants of the assignment of the above claim.
Therefore, the Defendants, as of February 22, 2008, are obligated to pay to the Plaintiff the amount of KRW 200 million with respect to the unpaid principal of the loan as of February 22, 2008 and damages for delay calculated by the rate of 19% per annum from February 23, 2008 to the date of full payment. The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription.
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).