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(영문) 서울중앙지방법원 2017.11.30 2017가단69558
판결 어음금 청구의 소
Text

1. The Plaintiff:

(a) Defendant B is KRW 40 million;

B. Defendant D and E are 25 million won out of the amounts described in paragraph (a) together with Defendant B.

Reasons

1. In full view of the purport of the evidence evidence No. 1 and the argument, the plaintiff filed a lawsuit against the defendants, G, and H for the payment of promissory notes under the Seoul Central District Court 2007Da79617, Sept. 19, 2007, which included the judgment (hereinafter "the judgment of this case") that "the plaintiff shall pay to the plaintiff, the defendant Eul, and Eul jointly with the defendant Eul, and the defendant Eul, and the Eul shall pay money of KRW 25 million out of the above money, and the amount calculated by 25% per annum from June 6, 1996 to the day of full payment," which includes the judgment (hereinafter "the judgment of this case"), and the judgment becomes final and conclusive.

2. The plaintiff filed the lawsuit in this case in order to prevent the extinction of the claim of this case by prescription with respect to the judgment of this case. According to the above facts of recognition, the defendants are obligated to pay the money stated in Paragraph (1) of this Article to the plaintiff.

3. As to Defendant B’s assertion, Defendant B claimed that, on August 1, 2008, the Plaintiff paid interest of KRW 21,351,580 to the Plaintiff, and then, the Plaintiff was ready to apply for bankruptcy and exemption.

However, there is no evidence to prove that the bankruptcy was declared against Defendant B before the conclusion of the pleadings in this case, and the plaintiff's litigation was not prohibited or suspended solely on the ground that it was prepared to apply for bankruptcy and exemption. Thus, Defendant B's assertion is without merit.

4. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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