(영문) 서울중앙지방법원 2015.03.24 2014가단251233

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(영문) 서울중앙지방법원 2015.03.24 2014가단251233

양수금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay 26,027,306 won and the interest thereon from October 31, 200 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 12, 2004, the Korea Asset Management Corporation filed a lawsuit against the Defendants against Busan District Court for the claim for the amount of the transfer money, and as of November 12, 2004, "Korea Asset Management Corporation" under the Busan District Court Decision 2004Da87141, the Defendants jointly and severally paid the amount of 26,027,306 won and the amount of 19% interest per annum from October 31, 200 to the date of full payment (Provided, That the amount of 37,050,000 won for Defendant B and C respectively) and Defendant A and B jointly and severally paid the amount of 56,40,000 won and the amount of 19% interest per annum from November 24, 200 to the date of full payment (However, within the scope of 73,320,000 won for Defendant B and the amount of 19% interest per annum (hereinafter referred to as the "instant judgment").

B. On August 28, 2012, the Plaintiff received the claim of this case from the Korea Asset Management Corporation, and notified Defendant A, a primary debtor, of the assignment of the claim, to the Defendant Company A, and reached the Defendant at the same time.

[Grounds for recognition] Evidence No. 1, Evidence No. 2, and the purport of the whole pleadings

2. In conclusion, the transferee of the instant judgment claim filed for the extension of prescription after the final judgment of this case becomes final and conclusive shall be jointly and severally liable to pay the Defendants 26,027,306 won and 19% interest per annum from October 31, 200 to the date of full payment (Provided, That the amount shall not exceed 37,050,000 won per annum for Defendant B and C), Defendant A and B jointly and severally liable to pay 56,40,000 won to the Plaintiff with 19% interest per annum from November 24, 200 to the date of full payment (Provided, That Defendant B shall not exceed 73,320,000 won).

Therefore, the plaintiff's claim against the defendants of this case shall be accepted on the grounds of the reasons.

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