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(영문) 서울남부지방법원 2019.05.10 2018가합412
판결금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 600,000,000 and the interest rate thereon from November 27, 2018 to the date of full payment.

Reasons

1. The plaintiff's final judgment against the defendants and the necessity for interruption of extinctive prescription

A. On May 9, 2008, the plaintiff was sentenced to the Seoul Southern District Court's judgment that "the defendants jointly and severally pay to the plaintiff 600,000,000 won with interest of 20% per annum from October 25, 2007 to the date of full payment (Seoul Southern District Court 2007Gahap17421)" and the above judgment was finalized on June 5, 2008.

(hereinafter referred to as “instant judgment claim,” and the Plaintiff filed the instant lawsuit on March 14, 2018, before ten years elapsed since the said judgment became final and conclusive.

B. On November 26, 2018, after the filing of the instant lawsuit, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the interest claim accrued until November 26, 2018 on the principal of the instant judgment amount to the Intervenor, and notified the Defendants of the transfer of the said claim through a preparatory document and a documentary certificate dated January 9, 2019.

(No. 17 No. 17 No. 1,2, and 18). The duplicate of the above preparatory documents was served on March 11, 2019 on Defendant C, and on January 15, 2019 on Defendant D, respectively.

C. If so, the Defendants are jointly and severally liable to pay to the Plaintiff 600,000,000 won and damages for delay calculated at the rate of 15% per annum from November 27, 2018 to the date of full payment; 20% per annum from October 25, 2007 to September 30, 2015 to the Intervenor succeeding to the Plaintiff; and 15% per annum from the next day to November 26, 2018 to the date of full payment.

2. The Defendants asserted the repayment of this case’s claim that the Plaintiff received part of the payment from Defendant D E, the third obligor, under the order of seizure and assignment of claims against Defendant D’s claim against Defendant D.

In this regard, the Plaintiff previously issued another claim attachment and collection order, and Defendant D transferred the claim for the instant judgment amount to the same effect.

3. The plaintiff.

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