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(영문) 서울중앙지방법원 2016.12.22 2016나49381
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. In full view of Gap evidence 1-1 and evidence 1-2 of the judgment as to the cause of the claim, the bankruptcy trustee of the Daegu Taeduk Credit Cooperatives, the bankruptcy trustee of the bankrupt and Eul filed a loan lawsuit against the defendant and Eul as the Daegu District Court 2005Kadan21279, and on June 7, 2005, the reorganization financial corporation, the plaintiff succeeding to the lawsuit, the plaintiff, was decided on June 7, 2005 that "the defendant jointly and severally paid to the plaintiff succeeding intervenors the amount of KRW 73,695,638 and the amount calculated at a rate of 19% per annum from May 19, 2004 to May 19, 2005, and 20% per annum from the next day to the date of full payment." The above judgment is finalized on July 1, 2005, and it can be acknowledged that the reorganization financial corporation changed the company's trade name to the K&A on November 10, 2009.

According to the above facts, the plaintiff has a interest in the lawsuit since the plaintiff filed the lawsuit in this case for the purpose of interrupting prescription due to the ten-year lapse of the extinctive prescription period of the claim based on the final judgment. Accordingly, the defendant is obligated to pay to the plaintiff 15,00,000 won with 19% per annum from May 19, 2004 to May 19, 2005 and 20% per annum from the next day to the date of full payment.

2. If so, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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