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(영문) 서울중앙지방법원 2019.08.20 2019가단20366
대여금등 청구의 소
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 40,000,000 as well as 20% per annum from May 6, 2009 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On February 2, 2004, Defendant B issued to the Plaintiff a promise with par value of KRW 40,000,000 and due date at sight. In the event that the payment of the above bill is delayed on the same day, a notary public, which recognizes and acknowledges that there is no objection even if he is subject to compulsory execution, drafted a notarial deed No. 29 of February 2, 2004.

B. On April 22, 2004, Defendant C issued to the Plaintiff a promise with par value of KRW 20,000,000 and due date as of October 30, 2004. When delay in the payment of the above amount on the same day, a notary public, which recognizes and acknowledges that there is no objection even if he is immediately subject to compulsory execution, drafted a notarized deed No. 126 of April 22, 2004, No. 2004.

C. The plaintiff filed a lawsuit against the defendants as this court 2008da302543 and received a judgment from this court on April 30, 2009 that "the plaintiff shall pay 20% interest per annum from October 2, 2008 to the day of full payment, and the defendant C shall pay 14,738,253 won and 20% interest per annum from September 5, 2008 to the day of full payment." The above judgment became final and conclusive on May 26, 2009.

The Plaintiff was distributed KRW 4,723,815 to the Defendant C by proceeding with the enforcement procedure.

[Reasons for Recognition] Facts without dispute between the parties, entry in Gap evidence 1 to 6 (including the provisional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant B shall be calculated with 40,000,000 won and 20% interest per annum from May 6, 2009 to the date of full payment as the plaintiff seeks, and the defendant C shall be jointly and severally with the defendant B, with 14,738,253 won out of the above 40,000,000 won and 20% interest per annum from April 13, 2010 to the date of full payment as the plaintiff seeks.

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