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(영문) 부산지방법원 동부지원 2018.03.28 2017가단209282
양수금
Text

1. The Plaintiff:

A. As to Defendant A corporation: KRW 77,827,194 and KRW 75,905,285 among them:

B. Defendant A.

Reasons

1. Claim against Defendant A corporation

A. Indication of claims: as shown in the annexed sheet of "the grounds for the modified claims"

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the remaining Defendants other than Defendant A corporation

A. 1) The Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”)’s name changed; hereinafter “Korea Technology Finance Corporation”)

The Seoul Central District Court filed a lawsuit against Defendant A, H, and G for the claim of indemnity on August 29, 2007. The above court rendered a judgment that “Defendant A, H, and G shall jointly and severally pay to the Plaintiff the amount of KRW 77,827,194 and KRW 75,905,285, among them, KRW 18% per annum from April 23, 2002 to April 16, 2003, KRW 16% per annum from April 17, 2003 to June 3, 2007, and KRW 20% per annum from the next day to June 3, 2007.” The above judgment became final and conclusive around that time, the non-party A transferred the above judgment to the Plaintiff pursuant to the Act on the Assignment of Claims and Non-Performing Assets and Article 4 of the Korea Asset Management Corporation.”

3) On March 27, 2008, G died, and its inheritor, Defendant C, H, and B, the spouse of the Defendant C and C, and Defendant C, C, D, and B, filed a qualified acceptance report with the Seoul Family Court, and the report was accepted on December 21, 2016. Meanwhile, the above H died on June 1, 2016, and Defendant E and F, the heir of H, who was the child of H, was the Defendant E and F, and the said report was accepted on November 7, 2016 after filing a qualified acceptance report with the Seoul Family Court. 4) The Plaintiff filed the instant lawsuit to extend the prescription of the instant claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number in the case of a tentative number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

(b)the cause of the claim;

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