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(영문) 서울중앙지방법원 2015.06.02 2014가합18693
양수금
Text

1. The Plaintiff:

A. As to Defendant A, C, D, and E, jointly and severally KRW 183,037,831 and KRW 150,000 among them.

Reasons

1. Facts of recognition;

A. On February 17, 2004, the trustee in bankruptcy of the New World Finance Corporation (hereinafter “the trustee in bankruptcy of the New World Finance Corporation”) filed a lawsuit against the Defendant Company A (hereinafter “Defendant A”), C, D, E, and R under the Busan District Court Decision 2003Kadan27043, and rendered a favorable judgment against the above court on February 17, 2004 that “Defendant A, C, D, and R shall jointly and severally obtain 1,821,105,792 won against the trustee in bankruptcy of the New World Finance and 1,492,401,136 won among them, and 26% per annum from November 26, 1998 to December 15, 198, and 24% per annum from the next day to December 15, 198.” The above judgment became final and conclusive on March 14, 2004.

B. On July 25, 2012, the trustee in bankruptcy of the New World Comprehensive Finance transferred the above judgment claims to the Plaintiff and notified the obligor of the assignment of claims.

C. The R established Defendant F, G, J, K, N, and P, the spouse of T, M, Q, and grandchildren, and died on or around September 18, 2010 (Defendant F, G, and H’s children, Defendant J, Defendant J, and K, and Q are children of Q), T, H, M, and Q, and the said report was accepted at the branch court of the Changwon District Court on October 21, 2010. Defendant F, G, J, K, N, N, andO reported a qualified acceptance on September 1, 2014 and accepted the said report at the same court.

[Ground of recognition] ① between the Plaintiff and the Defendant A, C, and E: Article 150(3) (i) of the Civil Procedure Act; Article 150(3) (ii) of the Civil Procedure Act;

2. According to the above facts of recognition as to the plaintiff's claim, the defendant A, C, D, and E jointly and severally filed with the plaintiff 183,037,831 won and 150,000,000 won from November 26, 1998 to December 15, 1998 and 24% per annum from the next day to the day of full payment.

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