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(영문) 서울중앙지방법원 2015.09.17 2014가단5310915
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 146,792,282 and KRW 50,000 among them, from November 1, 2014.

Reasons

1. Each fact in the separate sheet of the claim concerning the cause of the claim shall be acknowledged in full view of the overall purport of the pleadings in each entry in Gap 1 through 6 (including each number if there is no dispute between the parties or if there is a serial number).

Therefore, Defendant A and Defendant B, a joint and several surety, are jointly and severally liable to pay to the Plaintiff 146,792,282 won with the loan principal of KRW 50,00,000, which is the following day of each base date, the interest rate of 17% per annum from November 1, 2014 to the date of full payment.

2. Defendant B asserts that the extinctive prescription of each of the loans on the part of Defendant B’s assertion has expired.

The following facts are recognized in full view of the purport of the entire pleadings in the entries in Gap7-1, 7-2, 8-1, 8-2, 9-1, and 9-2:

To preserve the first loan claim 20,000,000 won on June 29, 2002 owned by Defendant A, Defendant B, and Nonparty C, the Y-gun District Court applied for payment order as the 2004Da21644, Gwangju District Court, Donnam-gun District Court, 2004Da2164, and upon the above application, the payment order issued on December 21, 2004 by the above court was finalized on January 15, 2005 against Defendant B.

In order to preserve KRW 20,00,000 on June 29, 2002, which was held by Defendant A, Defendant B, and Nonparty C, the Special Metropolitan City District Court rendered a request for payment order as the Seoul District Court 2004Ka2165 on December 21, 2004, and the above court's payment order as of December 21, 2004 was finalized on January 15, 2005 against Defendant B.

In order to preserve KRW 10,00,000 on June 29, 2002, which was held against Defendant A, Defendant B, and Nonparty C, the cooperative applied for an order of payment as the Seoul District Court Decision 2005Da129, Y-gun District Court 2005Da129, and upon the above application, the above court's order of payment as of January 18, 2005 was finalized on February 5, 2005 against Defendant B.

According to the above facts of recognition, the above jurisdiction of the National Fisheries Cooperatives of Dondo.

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