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(영문) 서울중앙지방법원 2019.05.16 2018가단5257739
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 199,979,881 and the interest rate thereon from March 15, 1992 to the date of full payment.

Reasons

The indication of claims against Defendant D and E: The grounds for the claims are as shown in the attached Form.

Based on Defendant E: (Article 208(3)2 of the Civil Procedure Act): Defendant D by public notice (Article 208(3)3 of the Civil Procedure Act). The first final and conclusive judgment that recognized the claim against Defendant C was determined on February 2, 1990 as the interest rate of KRW 200 million on the non-party G under the joint and several guarantee of Defendant C, etc., 18% per annum and the due date of payment on February 2, 1995.

Pursuant to Article 30(11) of the Credit Management Fund Act on May 30, 1997, H transferred all rights and obligations, including F’s bonds and obligations.

He filed a lawsuit against Defendant C, etc. as Busan District Court Order 97Kadan16751, and Defendant C did not clearly dispute the allegation of the above H, thereby winning the judgment as to Defendant C on July 9, 1998, which became final and conclusive around that time.

After the final and conclusive judgment for the interruption of extinctive prescription, I Co., Ltd. (H prior to the change) filed a lawsuit against Defendant C, etc. on May 19, 2008 again against the Busan District Court 2008Da68391 for the interruption of extinctive prescription. Defendant C was sentenced to pay 20% interest per annum from March 15, 1992 to the day of full payment (for Defendant C, by public notice) and on December 20, 2008, the above judgment became final and conclusive on May 19, 208.

On April 21, 2017, J (former Co., Ltd. I) transferred to the Plaintiff the obligation owed to Defendant C, etc., and on September 6, 2017, the Plaintiff, who was delegated with the power to notify the transfer by the J Co., Ltd, sent the notice of transfer to Defendant C with content certification.

After that, the period of extinctive prescription of claims according to the above final judgment is different.

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