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(영문) 서울중앙지방법원 2016.08.11 2016가합6779
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,889,423,821 and KRW 697,463,61 among them. From July 16, 2015.

Reasons

1. The fact of recognition that the plaintiff filed a lawsuit against D Co., Ltd. and the defendants claiming for the payment of loans and the performance of joint and several liability obligations under the bill limit transaction agreement as Seoul Central District Court Decision 2005Da1771, and D Co., Ltd. and the defendants filed a lawsuit claiming the appointment of joint and several sureties. On July 19, 2005, the above court sentenced on the judgment of the court below that "Co. D and the defendants jointly and severally pay to the plaintiff 1,184,526,027 won and 800,000 won among them, with 24% interest per annum from December 31, 2004 to the date of full payment," and the above judgment became final and conclusive on August 5, 2005.

After that, on July 2009, part of the principal was repaid, and on July 15, 2015, the remaining principal and interest remains 2,889,423,821 won (=interest of 697,463,611 won).

[Ground] B between the plaintiff and the defendant corporation A and the defendant corporation: Each entry of Gap evidence of Nos. 1 through 3 (including each number), and the purport of whole pleadings under Article 150 of the Civil Procedure Act

2. If so, the Defendants are jointly and severally liable for payment of the remaining principal and interest 2,89,423,821 won and the principal 697,463,611 won among them at the rate of 24% per annum from July 16, 2015 to the date of full payment. The Plaintiff also has the benefit of protecting the rights of the Plaintiff to file the instant lawsuit to discontinue the extinctive prescription of the claim based on the above final and conclusive judgment.

Therefore, the plaintiff's claim against the defendants shall be accepted for all reasons, and it is so decided as per Disposition.

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