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(영문) 서울북부지방법원 2018.05.17 2017가단22640
약속어음금
Text

1. The Defendants jointly joined the Plaintiff KRW 170,000,000 and Defendant B from April 27, 2007 to November 25, 2017.

Reasons

1. Facts of recognition;

A. On March 25, 2004, the Plaintiff received from the Defendants a note of KRW 100,000 at face value, KRW 100,000 at face value, and each of the Seoul Special Metropolitan City, Gwangjin-gu Seoul Special Metropolitan City, the place of payment, the date of payment, April 6, 2004, and KRW 1 at face value, ② at face value, KRW 70,000,000 at face value, and KRW 2 at face value, the place of payment, Seoul Special Metropolitan City, Gwangjin-gu D at the place of payment, and the date of payment on April 15, 2004, respectively, from the Defendants.

B. On March 25, 2004, the Plaintiff and the Defendants drafted each notarial deed stating that there is no objection even if they are immediately subject to compulsory execution when a notary public delays the payment of each of the said promissory notes in the friendly comprehensive law firm.

C. On October 11, 2007, the Plaintiff filed a lawsuit against the Defendants for a promissory note claim with Seoul Eastern District Court 2007Gahap2211, and was sentenced by the above court on the judgment of the court that "the Defendants jointly together with the Defendants to pay to the Plaintiff 170,000,000 won and the amount equivalent to 20% per annum from April 26, 2007 to the day of full payment, and Defendant C shall pay to the Plaintiff an amount equivalent to 20% per annum from April 27, 2007 to the day of full payment." The above judgment became final and conclusive around that time.

(hereinafter referred to as “the preceding judgment of this case”).

(a) Defendant B: Service by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Facts without dispute, Gap evidence 1, 2-1 and 2-2, and the purport of the whole pleadings;

2. Determination

A. According to the above facts finding as to the cause of the claim, according to the res judicata of the judgment of this case, the defendants jointly and severally filed with the plaintiff 170 million won and the damages for late payment of the above preceding judgment, which are the initial date of the final damages for late payment of the judgment of this case, and the defendant B filed with the plaintiff from April 27, 2007 to November 25, 2017, the delivery date of the complaint of this case against the above defendant, and the defendant C, from January 11, 2018, the delivery date of the copy of the complaint of this case against the above defendant, 20% per annum until January 11, 2018, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

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