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(영문) 서울중앙지방법원 2015.01.16 2014가단5247123
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 81,949,68 and KRW 22,000,000 among the above amounts.

Reasons

1. In full view of the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including each number) as to the cause of the claim, the judgment was rendered on November 16, 2004 that "the defendant jointly and severally filed a claim for indemnity against the defendants under the Jeonju District Court 2004Kadan11518, and on November 16, 2004, "the defendant shall pay 19% per annum from August 23, 1999 to October 26, 2004; 22,00,000 won from the above amount; 20% per annum from the next day to the date of full payment; 20% per annum from the next day to October 204 to the date of full payment; 209 won per annum; 30% per annum from the above amount to the defendants; and 30% per annum 898,000 after the above judgment became final and conclusive on December 10, 2004; 2008.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay damages for delay at the rate of 17% per annum to the Plaintiff, the assignee of the above judgment amounting to KRW 81,949,688 (the principal amount of KRW 22,00,000,000, KRW 59,949,688) and the above amount from the base date of final interest calculation for the principal amount of KRW 22,00,000,000 from August 30, 2014 to the date of full payment.

2. As to the Defendants’ assertion and its determination, the Defendants initially asserted to the effect that the Defendant’s loans owed to Nonparty Seoul Guarantee Insurance Co., Ltd. were extinguished five years after the lapse of the extinctive prescription from March 13, 2001 following the due date, as commercial obligations. Thus, the Defendants asserted that the loans owed to Nonparty Seoul Guarantee Insurance Co., Ltd. were extinguished.

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