logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.24 2017가단5138176
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 74,00,000 and the interest rate thereon from December 12, 1997 to the date of full payment.

Reasons

1. Basic facts

A. On September 12, 1997, the Korea Lottery Finance Company (hereinafter “Korea Lottery Finance Company”) entered into a credit transaction agreement with C Co., Ltd. (hereinafter “C”) for KRW 1.3 billion, and the Defendants jointly and severally guaranteed C’s obligations.

B. The Gansan Savings Bank was merged with the Kansan Savings Bank, and the Kanma Savings Bank transferred its claims against C and the Defendants to Busan Solomon Savings Bank (hereinafter “ Solomon Savings Bank”), and on August 30, 2006, the Solomon Savings Bank filed a lawsuit against C and the Defendants of the Busan District Court on the claim for loans against C and the Defendants, and sentenced on August 30, 2006, that “C and the Defendants jointly and severally agreed to pay to Solomon Savings Bank 1,554,848,493 won and 735,677,542 won with 20% interest per annum from December 12, 1997 to the day of full payment,” and on October 24, 2006, the above judgment became final and conclusive (hereinafter “existing judgment”).

C. On December 26, 2006, the Solomon Savings Bank transferred to the Plaintiff the previous final judgment claim against C and the Defendants, and notified the assignment of claims on January 10, 2007.

On August 25, 2016, the Plaintiff filed an application for the instant payment order against the Defendants for the interruption of extinctive prescription of the previous final and conclusive judgment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 74,00,000 won, which is part of the judgment in the previous final judgment, and damages for delay calculated at the rate of 20% per annum from December 12, 1997 to the date of complete payment.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

arrow