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(영문) 서울중앙지방법원 2018.11.28 2018가단57545
양수금
Text

1. The defendant shall pay 40 million won to the plaintiff and 25% per annum from June 26, 1996 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Korea Deposit Insurance Corporation in bankruptcy of a mutual savings and finance company open for the bankrupt (hereinafter “the above savings and finance company”) filed a lawsuit against the defendant and B with the Seoul Central District Court 2004Kadan56217, Dec. 22, 2004, the above court rendered a judgment of December 26, 1996 for KRW 454,380,045 and KRW 270,000 among them to the plaintiff jointly and severally, from June 26, 1996; for KRW 50,000,000 from May 26, 1996; for KRW 20,000,000 from August 25, 1997; for KRW 10,000,000 from October 4, 1996; for KRW 20,000 from 10,000,000 from 30,094 to 196.

B. On December 27, 2012, the Plaintiff acquired the above credit from the above credit cooperative, and received dividends of KRW 79,414,910 and KRW 141,343,942 on the date of distribution of the case C and D (Consolidated).

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]

2. According to the judgment and the facts of the above recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 40,000,000 among the balance of the above-paid claim, and damages for delay calculated at the rate of 25% per annum from June 26, 1996 to the date of full payment. Since the plaintiff has a benefit to bring the lawsuit of this case again for the extension of prescription, the plaintiff's claim is justified.

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