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(영문) 서울중앙지방법원 2020.06.24 2019나61368

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) granted a loan of KRW 2,50,000 to the Defendant on April 4, 2005 at the interest rate of KRW 39%, respectively, and the due date of payment September 28, 2007.

(hereinafter referred to as the “instant loan agreement,” and the principal and interest of the instant loan are added thereto. B.

From April 1, 2006, the Defendant delayed the repayment of the instant loan, and the instant loan remains in KRW 2,151,608 as of the same day.

C. C On September 7, 2007, D Co., Ltd. (hereinafter “D”), D Co., Ltd. transferred all of the instant loans to the Plaintiff on February 22, 2014, respectively. On August 14, 2018, the Plaintiff notified the Defendant of each of the instant claims assignment by content-certified mail.

D applied for a payment order against the Defendant on February 19, 2009 with respect to the instant loan as Seoul Central District Court 2009 tea18916, and the Defendant filed an objection on March 25, 2009, and the Defendant applied for the said payment order as a lawsuit claiming the acquisition of the instant loan amount under the same court No. 2009 Ghana 146768. The said court rendered a judgment on September 30, 2009 that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 48.54% per annum from February 12, 2009 to the date of full payment,” and the said judgment became final and conclusive on December 5, 2009.

(hereinafter referred to as “pre-trial judgment”). (e)

On September 20, 2018, the Plaintiff applied for a payment order as Seoul Central District Court 2018 tea1267709 on September 20, 2018 (hereinafter “instant payment order application”), but the Defendant raised an objection on October 5, 2018, and the instant payment order application case was implemented as the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 6 to 11, obvious facts in records, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant did not have any special circumstances.