logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.08 2016가합22252
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 989,339,317 and KRW 669,714,256 among them. From July 3, 2016.

Reasons

The grounds for the application for judgment on the claim against the defendant A are as shown in the attached Form.

(Provided, That the debtor is the defendant, and limited to the defendant A). The judgment by the constructive admission of applicable provisions of law (Articles 208(3)2 and 150(3) of the Civil Procedure Act). The fact that the plaintiff with respect to the claim against the defendant B has a claim as to the defendant B within the limit of KRW 1,820,00,000,00 among the parties, and there is no dispute between the parties. Thus, the defendant B, a joint and several surety, jointly and severally with the defendant A, is liable to pay damages for delay at a rate of 17% per annum from July 3, 2016 to the day of full payment, as requested by the plaintiff, to the plaintiff who is the transferee of the claim, within the limit of KRW 1,820,00,00.

As to this, Defendant B's defense that the above claim had expired by prescription. According to the evidence No. 3, it can be acknowledged that the Plaintiff's repayment period against Defendant B was November 27, 2010. The Plaintiff's above claim against Defendant B was a claim required for five years' commercial extinctive prescription, and it is apparent in the record that the application for the payment order was filed on July 11, 2016. Meanwhile, according to the evidence Nos. 9 and 10 (including the serial number), the new bank delayed the repayment of the above claim, following the Plaintiff's application for the auction of real estate rent to Defendant A Co., Ltd. with Seoul Southern District Court C, the principal debtor of the Seoul Southern District Court C for the auction of real estate, and the Plaintiff's delivery of the above claim to Defendant B from the auction procedure on August 16, 2012 to the transferee of the above claim No. 1416, Dec. 16, 2014; and according to the evidence No. 12514, Nov. 14, 2016.

arrow