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(영문) 서울북부지방법원 2020.04.23 2019가단133520
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 36,38,174 as well as the interest rate from October 20, 1998 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 16, 2009, E limited liability companies (hereinafter “Nonindicted Company”) filed a lawsuit against the Defendants with Seoul Central District Court 2009Kadan91802, and on July 7, 2009, the said court rendered a judgment that “the Defendants jointly and severally paid to the Plaintiff the amount of KRW 36,38,174 and the amount of KRW 25% per annum from October 20, 1998 to the date of full payment,” and this judgment was finalized on July 25, 2009.

B. On October 6, 2009, the non-party company transferred the above judgment amount claim to FF Co., Ltd., and around that time, notified the Defendants of the assignment of claim, and the notification was delivered to the Defendants.

F Co., Ltd. transferred the above judgment amount claim to G on February 17, 2015, and around that time, notified the Defendants of the assignment of claim, and the notification was delivered to the Defendants.

On February 27, 2019, G transferred the claim for the above judgment amount to the Plaintiff. At that time, the Plaintiff notified the Defendants of the assignment of the claim on behalf of G Co., Ltd., and the notification was delivered to the Defendants.

C. The Plaintiff filed the instant lawsuit against the Defendants in order to interrupt extinctive prescription of the foregoing judgment claim.

[Reasons for Recognition] Facts not clearly disputed, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts of determination, the defendants are jointly and severally liable to pay to the plaintiff 36,388,174 won and damages for delay calculated at the rate of 25% per annum from October 20, 1998 to the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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