Text
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 1,198,750,071 and KRW 140,011,363 among them.
Reasons
1. Facts of recognition;
A. On April 19, 207, the Korea Asset Management Corporation filed a lawsuit against Defendant A Co., Ltd. (hereinafter “Defendant A”), B, and D with the Seoul Central District Court 2006Kahap78430, and rendered judgment on April 19, 2007 with respect to KRW 1,198,750,071 jointly and severally with the Korea Asset Management Corporation, and KRW 140,01,363 among them, KRW 18% per annum from February 17, 2007 to March 2, 2007; KRW 20% per annum from the following day to the date of full payment; KRW 1,198,750,071, KRW 256,015, and KRW 30,030,434 from the following day to the date of full payment; and KRW 20% per annum from the following day to March 2, 2007 to the date of full payment.
B. On August 28, 2012, the Plaintiff (formerly changed: TNNNF Co., Ltd.) acquired the claim for the said judgment in accordance with the asset acquisition agreement with the Korea Asset Management Corporation.
C. On May 12, 2016, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the foregoing claim. D.
On the other hand, D died on February 24, 2013, and was the inheritor, Defendant C and Nonparty E. However, on April 5, 2013, Defendant C filed a declaration of renunciation of inheritance with Seoul Family Court 2013 Ma3090, and on May 21, 2013, the said court accepted the said declaration.
【Reasons for Recognition】 Each entry in the evidence Nos. 1 and 2 (including paper numbers), and the purport of the whole pleadings
2. According to the above facts as to the Plaintiff’s claim against Defendant A and B, Defendant A and B are jointly and severally liable to pay to the Plaintiff 1,198,750,071 won and 140,011,363 won among them, 18% per annum from February 17, 2007 to March 2, 2007, and 20% per annum from the next day to the date of full payment.
As to this, the above defendants asserted that they paid part of the judgment amount, but there is no evidence to acknowledge this.