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(영문) 서울중앙지방법원 2016.05.19 2015가단5313539
양수금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd, 1205,383,924 won and 74,547,933 won among them, from November 4, 2004.

Reasons

1. Facts of recognition;

A. On December 8, 2005, the Plaintiff filed a lawsuit against Defendant A Co., Ltd. (hereinafter “A”), Defendant D and F for the claim for the amount of money transferred to the Seoul Central District Court 2004Gahap946, and filed the lawsuit against Defendant A and Defendant D on December 8, 2005, the above disposition No. 1.

paragraphs (c) and (c)

F shall be jointly and severally liable to the Plaintiff for a favorable judgment of the same contents as the preceding paragraph; F shall be jointly and severally liable to the Plaintiff; F shall be 18% per annum from November 4, 2004 to December 3, 2004; 20% per annum from 390,000,000 won per annum from the following day to the date of full payment; 20,808,988 won; 30% per annum from the following day to December 3, 2004 to the date of full payment; 20,000 won per annum from 3.5% per annum; 3% per annum from the following day to 3.5% per annum; 4% per annum from the date of full payment; 20,808,98 won to the date of full payment; 3.5% per annum from the date of full payment to 3.5% per annum; 3% per annum from the date of full payment; 4.5% per annum from 4 to 9.5% per annum; 25% per annum from the date of full payment.

B.F died on February 5, 2014, and the inheritor is Defendant C and E.

On the other hand, Defendant C was tried on May 2, 2014 to accept the above report by filing a report on the approval of inheritance with the Seoul Family Court 2014Hun-Ba2011.

C. However, since the Defendants did not pay the above judgment even at present, the Plaintiff filed a lawsuit in this case again on September 16, 2015 for the interruption of extinctive prescription of the above judgment claim.

[Reasons for Recognition] The substantial facts in this Court, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2-1, 2-2, the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff, defendant A, and defendant D respectively, and the above disposition No. 1-A.

paragraphs (c) and (c)

Defendant C and E have a duty to pay the money under subsection (a) jointly and severally with Defendant A.

Of the money in this subsection, Defendant C is deceased.

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