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Reasons
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(영문) 서울중앙지방법원 2016.09.22 2016가단3230
양수금
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1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 146,00,000 and its amount from May 23, 1998 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 3, 2006, the Plaintiff (former: hereinafter “Defendant A”) filed a lawsuit against Defendant A Co., Ltd. (hereinafter “Defendant A”), Nonparty G, Defendant B, Defendant C, and Nonparty F (hereinafter “Defendant A, etc.”) for the claim for the amount of money received from the Seoul Central District Court 2005Gahap64007 (hereinafter “Defendant A, etc.”) and the judgment became final and conclusive on February 3, 2006 that “Defendant A, etc. jointly and severally with the Plaintiff at the rate of 8.5% per annum from May 23, 1998 to the date of full payment; the remaining Defendants paid 6% per annum from May 16, 1998 to December 30, 2005; and 20% per annum from the next day to the date of full payment.”

B. Nonparty G died on January 8, 2013, and his heir was Defendant B and D, and Nonparty F died on July 17, 2008, and the heir was Defendant E.

On the other hand, Defendant E was tried on May 3, 2013 to accept the above report by filing a report on the approval of inheritance with the Seoul Family Court 2013-Ma2391.

C. On January 11, 2016, the Plaintiff filed the instant lawsuit seeking the payment of KRW 146,00,000 out of the above KRW 1,450,356,469 for the interruption of extinctive prescription period of the foregoing judgment claim, and the said damages for delay.

【Defendant A, B, E: Evidence Nos. 1, 2, and 18; the purport of the whole pleadings; Defendant C, and D: Confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of determination, the amount calculated by Defendant A’s 146,00,000 won and 8.5% per annum from May 23, 1998 to the date of full payment, Defendant B, C, and E’s joint and several with Defendant A to the day of full payment, and as the Plaintiff seeks, 6% per annum from May 16, 1998 to December 30, 2005; 20% per annum from the following day to September 30, 2015; and 3% from the day to day of full payment.

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