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1. The Plaintiff:
A. Defendant A’s KRW 100,000,000 and for this, 5% per annum from July 15, 2008 to April 1, 2009.
Reasons
1. Facts of recognition;
A. In the case of the transfer money that Ebrid Bas filed against the Defendants (Seoul Central District Court 2009Gahap4577) by means of service by public notice against the Defendants (the closing date of pleadings) and on April 24, 2009, “Defendant A shall pay to the Plaintiff 768,082,014 won and 627,602,273 won from July 15, 2008 to April 15, 2009, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment, and Defendant B shall jointly and severally pay the above money within the limit of KRW 1,440,000 with Defendant A, which became final and conclusive on May 12, 2009.”
(hereinafter referred to as “final and conclusive judgment”). (b)
The claims based on the final and conclusive judgment of the previous suit were finally transferred to the Plaintiff via Crbble Partners Limited Liability Company, and MMC Loan Co., Ltd., and each of the notification was made against the Defendants.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the cause of the claim, the Plaintiff filed the lawsuit in this case for the purpose of the extension of the prescription period of the claim based on the final judgment of the previous suit that was acquired, as the claim is sought by the Plaintiff as part of the claim. ① Defendant A is obligated to pay the damages for delay calculated at the rate of 5% per annum from July 15, 2008 to April 1, 2009, 209, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment, and ② Defendant B is jointly and severally liable with Defendant A to pay the money set forth in the above paragraph (1) within the limit of KRW 1,440,00,00.
B. As to Defendant A’s assertion, the claim based on the final judgment of the prior suit was originally a claim for the principal and interest arising from a loan from the bank, but the commercial building located in Ansan-si as security was provided and borrowed. On April 16, 2005, the pertinent commercial building was sold to C, and the principal and interest of the relevant commercial building was owed to Korea bank.