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(영문) 서울중앙지방법원 2020.10.23 2020가합545639
양수금
Text

The Plaintiff

A. Defendant B jointly and severally with D Co., Ltd. 36,000,000 won;

B. Defendant B is with D Co., Ltd.

Reasons

1. Facts of recognition;

A. E Co., Ltd. shall file a lawsuit against D Co., Ltd. (hereinafter referred to as “D”) and the Defendants (Tgu District Court 2010da5028) on April 23, 2010, and shall be paid the amount calculated by the Daegu District Court at the rate of 19% per annum for KRW 63,240,239 and KRW 40,000 from January 21, 2010 to the day of complete payment; Defendant B shall be jointly and severally paid KRW 36,00,000 among the above stated amount; KRW 106,897,880 among them; KRW 64,00,000 from the Daegu District Court to the date of full payment; KRW 109,000 to the above amount; KRW 36,00,000 per annum; KRW 360,000 per annum; and KRW 194,000,000 per annum; and KRW 3014,3014,01400.

B. On November 25, 2011, FF Co., Ltd. transferred its claim against the Defendants to the FF Co., Ltd. under the instant judgment; on August 5, 2015, Defendant C and Defendant B notified each of the above assignment by content-certified mail to Defendant B on August 19, 2015.

C. On August 8, 2019, G Co., Ltd (formerly: F Co., Ltd.) transferred claims against the Defendants to the Plaintiff under the instant judgment. On March 11, 2020, G Co., Ltd. notified the Defendants of each of the above assignment by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Plaintiff seeking an extension of the extinctive prescription of the judgment claim of this case, and ① Defendant B jointly and severally with D, KRW 36,00,00, and ② Defendant.

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