beta
Text
1. Loans and guaranteed obligations between D Co., Ltd. and the Defendants, Seoul Central District Court No. 2011 Ghana 1545729.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) filed a lawsuit against the Defendants as Seoul Central District Court Decision 201Da1545729, Seoul Central District Court (hereinafter “Seoul Central District Court”). On August 18, 2011, the said court rendered a judgment that “the Defendants jointly and severally pay to the Plaintiff 10,892,275 won and the amount calculated at the rate of 24% per annum from March 26, 201 to the date of full payment” (hereinafter “instant judgment”), and around that time, the said judgment became final and conclusive.
B. D transferred the instant claim to E Co., Ltd. on March 29, 2013, and E Co., Ltd transferred the said claim to F Co., Ltd. on August 5, 2013.
F Co., Ltd. was entrusted with the authority of each of the above transferor to notify the Defendants of the assignment of claims by content-certified mail, but did not serve the Defendants.
C. The FF Co., Ltd. transferred the instant claim to A on March 31, 2016. A Co., Ltd. was delegated the authority to notify the assignment of claims by the said transferor, and on March 29, 2017, and November 6, 2018, notified the Defendants of the assignment of claims by content-certified mail, but did not serve the Defendants.
The Plaintiff notified the Defendants of the assignment of claims by serving a duplicate of the instant complaint.
E. Meanwhile, the Defendants repaid KRW 7,172,434 on September 28, 201, which was fully appropriated for principal.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiff is the heir of D, who is the creditor of the instant judgment. Accordingly, a junior administrative officer, etc. of this court shall apply the ratio of 3,719,841 won to the Plaintiff for compulsory execution against the Defendants pursuant to Article 31(1) of the Civil Execution Act (=10,892,275 won - 7,172,434 won) and 24% per annum from September 29, 201 to the date of full payment, as the Plaintiff seeks.