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(영문) 전주지방법원 2018.03.28 2017가단15043
손해배상금
Text

1. The Defendants amounting to KRW 100,000,000 for each Plaintiff and KRW 15% per annum from August 23, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 5, 2006, F, G, and H filed a lawsuit against the Defendants as Seoul Central District Court 2006Kahap4771, and the above court rendered the judgment of the case that "the Defendants calculated 54,093,080 won to each of F, and 75,915,350 won to G, and 25,471,480 won to H, and each of the above money from July 12, 2006 to the Defendant C, from July 13, 2006 to the Defendant D, from September 8, 2006 to the Defendant D, and from June 20 to the date of full payment from June 20, 2006 to the date of full payment".

A) Defendant E appealed against the instant preceding judgment. On April 4, 2008, the appellate court (Seoul High Court 2007Na74456, Seoul High Court 2007Na7456, the appellate court rendered a judgment that “Defendant E shall pay 45,401,510 won to Defendant B, C, and D, and each of them F, and 74,580,890 won to G, and 24,980,950 won to H, and 24,980,950 won, and 5% per annum from June 20, 2006 to April 4, 2008, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on April 29, 2008.

B. On September 22, 201, F, G, and H transferred a claim against the Defendants based on the instant prior judgment (hereinafter “instant claim”) to the Plaintiff, and at that time notified the Defendants of the assignment of the claim.

C. On June 23, 2017, the Plaintiff filed the instant lawsuit for the extension of the prescription period of the instant claim.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 7 evidence (including a paper number), the whole purport of pleading

2. According to the above facts of recognition, the instant lawsuit is instituted for the extension of the extinctive prescription period of the instant claim established by the preceding judgment, and thus, the Defendants are interested in the lawsuit. The Defendants shall pay to the Plaintiff, the assignee of the instant claim, the amount of KRW 100 million per annum from August 23, 2013 to the date of full payment, as claimed by the Plaintiff.

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