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(영문) 서울동부지방법원 2016.11.24 2016가단124024

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 57,689,787 and KRW 22,814,778 among them, 15% per annum from June 8, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 5 as to the cause for the claim, the facts identical to the entries in the grounds for the claim (However, "creditor" shall be "Plaintiff" and "debtor" shall be deemed "Defendant"). According to the above facts, the defendant is obligated to pay damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 8, 2016 to the date following the delivery of the instant payment order to the plaintiff, which is the transferee of the above bonds, as joint and several liability for the loans to Samsung Card Co., Ltd. as of May 13, 2016, as the principal and interest of the loan as of May 13, 2016 (hereinafter "the principal and interest of this case"), and the remaining principal and interest of the loan 22,814,78 won.

2. Judgment on the defendant's assertion

A. First of all, the Defendant asserts that the notification of the assignment of claims was not received, and according to the evidence No. 2 and No. 7, the Plaintiff, upon delegation from the transferor, notified the Defendant of the assignment of claims by content-certified mail on December 22, 2015, and the Defendant’s attached interest and the primary debtor B received the above content-certified mail on December 31, 2015 at the Defendant’s domicile. Thus, the Defendant’s assertion is without merit.

B. Next, the defendant asserts that the principal and interest claim of this case were extinguished by the lapse of five years from the lapse of five years from the commercial extinctive prescription, and accordingly, the plaintiff re-claimed that the extinctive prescription has been interrupted due to the plaintiff's notification of immunity decision B, the plaintiff's transfer of assignment of claims, and

1) First, the relevant legal provisions are as follows: (1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Debtor Rehabilitation Act”); and (2) the same shall apply.

According to Article 625(3), immunity is granted to the debtor's guarantor and other persons who bear obligations together with the debtor.