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(영문) 서울북부지방법원 2018.01.23 2017나34644
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On March 24, 2015, Dongi-do Co., Ltd. filed a lawsuit against the Defendants, including loans, etc. with the Seoul Central District Court 2005Da85595. On February 10, 2006, the above court rendered a judgment of the court below that the Defendant C paid the amount of 5% per annum from October 20, 2005 to February 10, 2006; 16 million won per annum from the next day to the date of full payment; 20% per annum from the next day to the date of full payment; 20% per annum from the next day to the date of full payment; 30% per annum from August 11, 2005 to the date of full payment; 16 million won from each of the above amounts to Defendant B and each of the above parties; 20% per annum from August 11, 2005 to the date of full payment.

B. B. On February 9, 2016, Dongi-do Co., Ltd. transferred to the Plaintiff the Plaintiff the claims against the Defendants of Dongi-do (hereinafter “instant claims”) based on the instant prior judgment, and notified the Defendants of the transfer of claims on March 2, 2016, around March 2, 2016.

C. On March 10, 2016, the Plaintiff filed the instant lawsuit for the extension of the prescription period of the instant claim.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the lawsuit of this case is for the extension of the extinctive prescription period of the claim of this case, which is established by the preceding judgment of this case, and there is a benefit in the lawsuit of this case. Accordingly, from October 20, 2005 to February 10, 2006, 5% per annum from February 11, 2006, 20% per annum from February 11, 2006 to the day of full payment, and 48 million won in collaboration with the defendant Eul, and 16 million won from February 11, 2006 to the day of full payment.

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