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(영문) 서울중앙지방법원 2018.05.16 2017가합543350
청구이의
Text

1. Compulsory execution based on the Seoul High Court Decision 2013Na75948 Decided January 14, 2015 between D Co., Ltd and the plaintiffs.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) filed a lawsuit against the Plaintiffs regarding ① loans of KRW 90 million as of December 26, 2006, ② loans of KRW 40 million as of December 27, 2006, ③ loans of KRW 50 million as of February 28, 2007, ④ loans of KRW 8 million as of April 13, 2007, ④ loans of KRW 20 million as of April 30, 2007, ⑤ loans of KRW 80 million as of May 30, 2007, and KRW 80 million as of May 31, 2007, ② loans of KRW 20 million as of June 5, 2007, and damages for delay.

The Seoul High Court rendered a judgment on January 14, 2015 to the effect that "the plaintiffs jointly and severally, for the amount of KRW 120 million and KRW 20 million from June 5, 2007, for the amount of KRW 100 million from June 29, 2007 to January 14, 2015, and for the amount of KRW 60 million from December 29, 2007 to January 14, 2015, the loans claim amounting to KRW 20% per annum from the following day to the date of full payment (Seoul High Court Decision 2013Na75948, hereinafter "the above prior judgment") were paid to the plaintiffs."

B. On January 20, 2015, D transferred the instant judgment claim to the Defendant (E, the representative director of D), and the Defendant was granted an execution clause for succession to the instant prior judgment on January 30, 2015.

C. By December 29, 2016, the Defendant recovered KRW 118,343,490 out of the judgment amount bonds of this case until December 29, 2016, and the principal repaid out of the judgment amount bonds of this case as of December 29, 2016 is KRW 100,117,263.

D has a claim equivalent to KRW 178 million against the Plaintiffs, and on June 3, 2016, transferred the above claim to the Defendant.

(hereinafter referred to as “the claim of this case”).

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