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(영문) 인천지방법원부천지원 2019.12.11 2019가합102078
양수금
Text

1. The Defendants jointly joined the Plaintiff with respect to KRW 225,00,000 and Defendant B with respect thereto.

Reasons

[Defendant C, Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, and Defendant I]

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

3. As the provisions on statutory interest rate of Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Partial Dismissal Proceedings were promulgated on May 21, 2019 and enforced on June 1, 2019, only damages for delay shall be recognized as 12% per annum from June 1, 2019, and the part in excess shall be dismissed. [Defendant B] J, K, and L may be recognized on September 7, 2018 by a notary public against the Defendants on September 7, 2018, a notary public, who he/she owns against the Defendants, transferred 1,350,00,000 won of a promissorysory note payment claim based on the No. 566 of the No. 201, 200,000 won, and notified the Defendants on September 10, 2018 to the said Defendants on the purport that there is no dispute between the said parties, or that there is no evidence No. 1 and No. 2. 2.

Therefore, the Plaintiff acquired the claim 225,00,000 won against the Defendants. As such, Defendant B, together with other Defendants, is obligated to pay to the Plaintiff 225,00,000 won with 15% per annum under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from May 28, 2019 to May 31, 2019, and from the next day to the day of full payment, 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

As to this, Defendant B alleged to the effect that it cannot respond to the Plaintiff’s claim due to the lack of ability to repay, but such a reason is not a ground for refusing the Plaintiff’s claim under law.

The plaintiff's claim against the defendant B is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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