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(영문) 서울중앙지방법원 2015.02.04 2014가합579891
양수금
Text

1. The Defendants jointly and severally against USD 1,903,677.14 and USD 472,232.72 among them to the Plaintiff.

Reasons

1. On March 31, 2005, the Plaintiff filed a lawsuit against the Defendants in Seoul Central District Court (2004Gahap69630) and received a favorable judgment from the said court that “The Defendants jointly and severally rendered payment from the Plaintiff of USD 2,587,892.24 to USD 1,222,438.61 to the Plaintiff, 18% per annum from July 31, 2004 to February 13, 2005, and 20% per annum from the next day to the day of full payment (within the limit of USD 3,900,000 to the United States Law)” and the above judgment became final and conclusive at that time.

The remaining principal and interest accrued until October 23, 2014 are USD 4,871,865.24 in the United States of America ($ 1,222,438.61 in the United States of America and USD 3,649,426.63 in the United States of America).

For the interruption of extinctive prescription, the Plaintiff filed a lawsuit with the Defendants seeking partial payment of the remaining principal and interest of the judgment amount claim.

2. Applicable provisions;

(a) Claim against Defendant A and B: Article 208(3)3 of the Civil Procedure Act (Decision by service by public notice);

(b) Claim against Defendant C: Articles 208(3)2 and 150(1) and (3) (a) of the Civil Procedure Act (a judgment made by deeming that the case is one’s own)

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