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(영문) 수원지방법원안양지원 2016.03.31 2015가합1173
(소멸시효연장을 위한)대여금
Text

1. The Defendants are jointly and severally liable for 400,000,000 won to the Intervenor succeeding to the Plaintiff and its related amount from July 17, 2004 to September 16, 2004.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. Claim No. 1) Division Mutual Savings Bank Co., Ltd. (hereinafter “Small Bank”)

(2) On May 19, 2005, Suwon District Court Branch 2004Kadan31981 rendered a judgment that “The Defendant and C jointly and severally shall pay 400,000,000 won to the non-party bank and 12% per annum from July 17, 2004 to September 16, 2004, and 22% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive. (2) The Plaintiff was appointed as bankruptcy trustee of the non-party bank (the bankruptcy of August 20, 208). On January 222, 2015, the Plaintiff notified the Defendants of the fact of transferring the claims against the Defendants to the non-party trustee on December 10, 2015.

3. As the Plaintiff’s succeeding intervenor succeeded to the instant lawsuit on January 6, 2016, the Defendants are obligated to pay the final judgment amount to the Plaintiff’s succeeding intervenor.

(b) Article 208(3)3 of the Civil Procedure Act:

2. The Plaintiff’s claim determination as to the Plaintiff’s claim was transferred to the Plaintiff’s succeeding intervenor during the instant lawsuit period. As such, the Plaintiff’s claim against the Defendants is dismissed on the grounds that all of the claims are groundless.

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