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(영문) 서울중앙지방법원 2017.03.31 2016가단5162646
양수금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share 51,500,000 won and 3,000,000 won among them.

Reasons

1. Facts of recognition;

A. Nonparty Korea Asset Management Corporation filed a lawsuit against Defendant A, B, E, and F with the Incheon District Court No. 2005Gahap15860, which the said court held on September 8, 2006 against the Plaintiff:

A. Defendant A and B jointly and severally shall pay 734,263,086 won and 558,214,755 won from September 8, 2001 to August 3, 2006; 18% per annum from the following day to the date of full payment; and 20% per annum from the date of full payment to the date of full payment; and 172,97,258 won to the date of full payment; and 20% per annum from the date of full payment to the date of full payment;

B. The defendant E shall be jointly and severally liable with the defendant corporation, and (1) the defendant E shall pay the 684,451,614 of the above amount and 51,454,356 of the above amount, 18% interest per annum from September 8, 2001 to November 14, 2005; 20% interest per annum from the following day to the date of full payment; 172,97,258 won interest per annum from November 14, 2005 to the date of full payment; 20% interest per annum from September 8, 2001 to the date of full payment; and 311,454,356 won from September 8, 2001 to the date of full payment; and 18% interest per annum from the following day to November 14, 205 to the date of full payment.

The judgment in favor of the plaintiff was rendered, and the above judgment became final and conclusive around that time.

B. On September 18, 2012, the Plaintiff received the instant claim for the transfer money from the Korea Asset Management Corporation, and at that time notified the debtor and the joint guarantor of the transfer of the said claim.

C. On April 15, 2011, E died, and Defendant B, C, and D, their children, jointly inherited their property.

Defendant C reported the inheritance limited recognition as the Incheon District Court 2012-Ma1321, and the above court rendered a judgment to accept the above report on May 31, 2012.

E. The Plaintiff filed the instant lawsuit in order to extend the statute of limitations for the claim for the amount of the transfer money.

[Ground of recognition] Defendant A, B, and C: Evidence Nos. 1 through 7, and B.

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