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(영문) 서울동부지방법원 2020.08.11 2019가단161543
양수금
Text

1. The Plaintiff:

A. The Defendants jointly and severally pay 23,971,009 won;

B. The Defendants jointly and severally file the Plaintiff’s complaint.

Reasons

1. Basic facts

A. D Co., Ltd. filed an application for payment order with Gwangju District Court 2010 tea726 against Defendant E and Defendant C who jointly and severally guaranteed the obligation to repay the loan. On January 27, 2010, the above court shall pay to D Co., Ltd. ① jointly and severally, KRW 23,971,009, and ② jointly and severally, Defendant B and Defendant C shall pay 18,04,733 and KRW 89,675,09, which shall be jointly and severally and severally, KRW 19% per annum from December 19, 2009 to the date of complete payment, and KRW 30,00,000, KRW 300,00 per annum, and KRW 30,000 per annum from 190 to 205, KRW 300,000, KRW 300, KRW 309, KRW 4000 per annum, and KRW 19,2945,2909.

On the other hand, the above payment order was not served on Defendant B and E, and the Gwangju District Court rendered a favorable judgment on October 15, 2010 against Defendant B and E in favor of the non-litigation of the company D Co., Ltd. (Seoul District Court Decision 2010Da15832). The above judgment became final and conclusive on November 18, 2010.

B. Since then, D transferred the above payment order and the claim established by the judgment (hereinafter “instant claim”), in sequence, to F, G and the Plaintiff, and notified the Defendant of the assignment of claim on December 8, 2015.

C. The Plaintiff’s claim of this case on December 9, 2019.

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