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(영문) 서울중앙지방법원 2016.11.30 2016가단5083880
양수금
Text

1. The Plaintiff:

A. As to KRW 61,017,072 and KRW 24,427,534 among them:

B. Defendant B is Defendant A.

Reasons

1. Determination as to the cause of claim

A. According to each of the statements in Gap evidence Nos. 1 through 5, the facts such as the statement in the annexed cause of claim are recognized.

B. Therefore, Defendant A is liable to pay damages for delay calculated at the rate of 17% per annum from November 11, 2015 to the date of full payment, with respect to KRW 61,017,072 and KRW 24,427,534 among them, and Defendant B, jointly and severally with Defendant A, with Defendant A, for KRW 14,285,851 out of the above amount and KRW 9,200,000 among them.

2. Determination as to the defendants' defense

A. The Defendants asserts that each claim in the separate sheet was extinguished by prescription.

B. According to the evidence Nos. 6 evidence Nos. 1, 2, and 7 evidence Nos. 1, 2, and 7, the National Bank, the transferor of each claim listed in the separate sheet Nos. 1 through 3, filed a lawsuit claiming loans, etc. against the Defendants (Seoul Central District Court 2005DaDa1954711). On Dec. 6, 2005, the above court rendered a judgment that "the Plaintiff is jointly and severally liable to the Defendants for KRW 18,197,634 and its 9,200,000 among them, and KRW 6,961,722 and KRW 3,531,801 among them, and KRW 200,000 per annum from September 9, 2005 to KRW 250, which became final and conclusive, and KRW 205,000,000,000 per annum 27,57,000,000.

C. The above judgment and the payment order are the same.

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