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(영문) 서울서부지방법원 2018.10.26 2018가단212194
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 31,79,423 out of KRW 31,984,130 and the said money.

Reasons

1. Facts recognized;

A. D Co., Ltd. (mutual change to E Co., Ltd.) filed a lawsuit against the Defendants for a loan claim against the Busan District Court (E Co., Ltd.) and sentenced that “the Defendants shall jointly and severally pay to the Plaintiff 40,318,224 won and double KRW 32,431,923 at the rate of 19% per annum from July 19, 196 to the date of full payment.”

B. On September 7, 2004, F Co., Ltd. (hereinafter “F”) acquired the claim from E Co., Ltd. to be the basis of the above judgment (the above court 97da83318), and subsequently filed a lawsuit against the Defendants for the claim for the amount of money received at the Busan District Court. On December 20, 2007, F Co., Ltd. (hereinafter “F”) rendered a judgment that “the Defendants shall jointly and severally pay 31,984,130 won and 31,79,423 won with 19% interest per annum from July 19, 196 to the day of full payment.”

C. A claim that forms the basis of the foregoing judgment (the foregoing court Decision 2007Ga130879), Company G transferred to H on July 15, 2009, Company H on January 18, 2012, Company H to I Limited Liability Company, Company J on the same day, Company J to Company J on January 19, 2015, and Company J to Company K on the same day. D.

On February 16, 2015, all of the assignment companies, such as the foregoing sub-paragraph (c), sent a notice of assignment of claims to Defendant B, the principal debtor, by content-certified mail.

E. The Plaintiff filed the instant lawsuit on September 29, 2017 before the ten-year extinctive prescription period, which was the foregoing final and conclusive judgment, to interrupt the said extinctive prescription.

F. A notice of credit transfer (Evidence A No. 5) as described in the foregoing paragraph was submitted with a documentary evidence during the proceeding of the instant lawsuit and adopted as evidence.

[Grounds for Recognition] Uncontentious Facts, obvious facts in records, entrys in Gap evidence 1 through 7 (including paper numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Interruption of extinctive prescription

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