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(영문) 서울중앙지방법원 2020.05.28 2019가합562614
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 660,864,044 won and 368,020,716 won among them.

Reasons

1. Indication of claim;

A. D Co., Ltd (hereinafter referred to as “D”, and the entry of the corporation in the name of the company is omitted) filed a lawsuit against the Defendants under the Seoul Central District Court 2009Gahap1219, and the said court rendered a judgment against the Defendants, that “the Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 660,864,04 and KRW 368,020,716 per annum from June 28, 2009 to the day of full payment, and the amount of KRW 20% per annum from June 28, 2009 to the day of full payment, Defendant C shall be paid within the limit of KRW 917,794,280,” and the above judgment was finalized on September 3, 2009.

B. D’s claim against the Defendants was transferred to the Plaintiff on November 12, 2014 through E, F, and G in sequence. Around that time, notice of the transfer of claims was given to the Defendants.

C. The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the foregoing judgment claim. However, the damages rate for delay is not 20% per annum but 12% per annum in order to minimize the costs of lawsuit and the Defendants’ burden.

2. Judgment by public notice of each applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

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