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(영문) 서울북부지방법원 2020.07.22 2020나31218

양수금

Text

1. Revocation of the first instance judgment.

2. As to KRW 50,711,058 among the Plaintiff and KRW 13,290,601 among them, the Defendant on April 20, 2019.

Reasons

Facts of recognition

C Co., Ltd. entered into a loan contract (18% per annum) with the Defendant on August 17, 2000.

The above loans were transferred to the Plaintiff on January 25, 201 through D Limited Company, D Limited Company, April 30, 2008, and F Limited Company, April 29, 201, and each transfer of claims was notified to the Defendant around each transfer date.

On the other hand, on April 23, 2009, Eul filed a claim against the defendant for a payment order with the content that "the defendant shall pay to the plaintiff 26,919,952 won and 13,495,249 won with 18% interest per annum from April 21, 2009 to the date of full payment" (Seoul Central District Court Decision 2009 tea 21097). The above payment order became final and conclusive on May 19, 2009 because the defendant did not raise any objection against the above payment order.

As of April 19, 2019, the above loans amounting to KRW 13,290,601, interest amounting to KRW 37,362,817, and KRW 57,640 remain.

【In light of the above-mentioned facts as to the reasons for the claim of the entire pleadings and the entries in the evidence Nos. 1 through 6 of the above-mentioned grounds for recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 18% per annum, which is the annual interest rate of 13,290,601 won (i.e., KRW 13,290,601 won, KRW 37,362,817 won, KRW 57,640), and the principal amount of KRW 13,290,601, which is the following day of the above basic date, from April 20, 2019 to the date of full payment.

As the Defendant’s claim as to the Defendant’s assertion was completed ten (10) years after the date of the final repayment, the Defendant’s claim for the above loan that the Plaintiff acquired cannot be satisfied.

Judgment

The fact that E applied for a payment order against the defendant for the payment of loans against the defendant and the payment order became final and conclusive on May 19, 2009 is as seen earlier. According to Article 474 of the Civil Procedure Act and Article 165 (2) of the Civil Act, the claims established in the payment order are short-term.