beta
(영문) 부산지방법원 2017.03.17 2016가단349088

양수금

Text

1. The defendant shall pay 21,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On December 31, 1998, the Future Credit Depository Co., Ltd. (Bankruptcy of February 20, 2002) entered into a credit transaction agreement with the defendant on credit limit of KRW 370 million per annum, interest rate of KRW 14% per annum, delay delay rate of KRW 20% per annum, and borrowed a total of KRW 370 million to the defendant as shown in the attached Form sheet. The amount of delay delay delay damages from February 24, 2001 to May 21, 2004 are as shown in the attached Form sheet.

B. On November 16, 2005, the bankruptcy trustee of the bankrupt future credit credit cooperative corporation transferred the amount as indicated in the transfer amount column of the attached Do table among the claims for delay damages of the above loan to the Plaintiff, and notified the Defendant of the assignment of the claim on December 1, 2005.

C. Accordingly, the Plaintiff filed a lawsuit against the Defendant as Busan District Court 2006Gahap1858, and the above court rendered a favorable judgment against the Plaintiff on November 1, 2006, stating that “the Defendant shall pay the Plaintiff KRW 209,143,948,” and the above judgment was finalized on December 2, 2006.

After that, on October 7, 2016, the Plaintiff filed an application for the instant payment order against the Defendant for the interruption of the extinctive prescription of the transferee gold claim under the said final judgment (hereinafter “instant transferee gold claim”).

[Ground of recognition] A without dispute, significant facts in this court, entry of Gap evidence 1, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Defendant is obligated to pay the Plaintiff the money entered in the order sought by the Plaintiff within the scope of the amount ordered to be paid in the final and conclusive judgment of the previous lawsuit.

B. The defendant's assertion 1) The defendant first set up a defense that he repaid the loan to the trustee in bankruptcy of the bankrupt future credit cooperative company, but there is no evidence to acknowledge this, and the defendant's defense is without merit. 2) The defendant received the notification of the transfer of the loan from the transferor.