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(영문) 서울중앙지방법원 2016.06.08 2015가단195798
물품대금
Text

1. The Plaintiff:

A. As regards Defendant A Co., Ltd., the amount of KRW 50,000,000 and that amount:

B. Defendant A, Inc.

Reasons

1. Facts of recognition;

A. The trustee in bankruptcy of the non-party General Finance Co., Ltd. (hereinafter referred to as the "Badon") concluded a bill transaction agreement with the defendant Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") and the deceased E (hereinafter referred to as the "the deceased"), on September 2, 1999, with the limit of 30 billion won, and at the time when the deceased jointly and severally guaranteed the defendant Co., Ltd.'s obligation to pay the above amount. After that, the court of Seoul Central Finance Co., Ltd. (hereinafter referred to as the "Badon") borrowed each promissory note from the defendant Co., Ltd. with the face value of KRW 1.1 billion, KRW 1 billion, KRW 10 billion, KRW 10 billion, and KRW 6.9 billion, but since each promissory note was rejected, the defendant Co., Ltd. and the deceased were jointly and severally liable to pay the above amount of KRW 30 billion,000,000,000,000.

B. On October 31, 2014, the Plaintiff acquired the claim against the Defendant Company and the Deceased from the trustee in bankruptcy in bankruptcy of national papers, and filed the instant lawsuit on October 8, 2015 for the interruption of extinctive prescription.

E. Meanwhile, the Deceased died on November 24, 2007, and F, his child, filed an application for renunciation of inheritance with the Gwangju Family Court No. 2008Radan4825, Defendant C, his spouse, and Defendant D, his child, respectively, filed an application for revocation of inheritance with the same court No. 2008Ra625, and the same court No. 20089-Ma481, respectively.

[Reasons for Recognition] The Defendant Company: The evidence No. 1, No. 2, No. 1, and No. 1, and No. 1, and the purport of the whole pleadings.

2. According to the above facts of recognition, the Defendant Company became final and conclusive in the previous suit.

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