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(영문) 부산지방법원동부지원 2019.08.22 2019가단211647
양수금
Text

1. The defendant shall pay to the plaintiff KRW 89,439,118 and KRW 66,091,425 among them. From July 8, 1997 to February 15, 1998.

Reasons

1. According to the purport of Gap evidence No. 1 and No. 3 and all pleadings, Eul (hereinafter "non-party company") filed a lawsuit against the defendant et al. for the amount of indemnity claim No. 2008da150474, Jun. 2, 2009; "the defendant jointly and severally with the non-party company C et al. for KRW 89,439,118, and KRW 66,091,425, an annual amount of KRW 17% from July 8, 1997 to February 15, 1998; the company received 25% interest per annum from the next day to the date of full payment; the company received 20,950% interest per annum from December 4, 1998 to the date of full payment; the company received 637,939, and 393% interest per annum from the date of the above final judgment to the date of full payment; and the company received 130% interest per annum from the plaintiff.

2. According to the facts of the above recognition, the defendant is obligated to pay damages for delay calculated by the ratio of 15% per annum to the plaintiff, the transferee of the above claim, as to KRW 89,439,118 and KRW 66,091,425 from July 8, 1997 to February 15, 1998, KRW 25% per annum from the next day to September 30, 2015, and KRW 15% per annum from the next day to the day of full payment.

In regard to this, the defendant asserts that the plaintiff's claim should be dismissed on the ground that "D's representative director of the main debtor C Co., Ltd. voluntarily registers himself/herself as a director and bears the joint and several liability obligation, and his/her spouse D has been living separately for about 14 years due to his/her business failure."

However, such circumstance alone requires the instant case to be instituted for the interruption of prescription.

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