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(영문) 서울중앙지방법원 2020.12.22 2019나57260

양수금

Text

The judgment of the first instance, including the request for succession to the court, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant with the court of first instance seeking payment of the claim amounting to KRW 12,514,361 of the principal and interest of the loan, and KRW 6,135,320 of the principal and interest of the loan (hereinafter “instant claim”) calculated at the rate of 19% per annum from March 1, 2007 to the date of full payment (No. 2008 Ghana295952). The above court served a copy of the complaint, notice of date for pleading, etc. by public notice, and sentenced the judgment citing all of the Plaintiff’s claims (hereinafter “the first instance judgment”) on February 4, 2009.

The original judgment of the court of first instance was served on the defendant by public notice, and the appeal period has expired, and the judgment of the court of first instance became final and conclusive on March 3, 2009.

B. Around September 2009, the Plaintiff transferred the instant bonds to D Co., Ltd., and notified the Defendant of the transfer on October 26, 2009.

In addition, around April 2010, the said D Bank transferred the instant claim to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the transfer on July 2, 2010.

C. On February 28, 2019, the Plaintiff’s succeeding intervenor filed a lawsuit with the Seoul Central District Court for the payment of the above claim (the amount calculated by the rate of 19% per annum from March 1, 2007 to the date of full payment) with respect to KRW 12,514,361 and 6,135,320 among the above claim (the amount calculated by the rate of 19% per annum from March 1, 2007) to extend the extinctive prescription of the first instance judgment that became final and conclusive by asserting that he/she acquired the claim of this case by transfer of the claim of this case (hereinafter “prior judgment”) and the above court rendered a favorable judgment accepting all the claims of the Plaintiff’s succeeding intervenor on October 2, 2019 on the same day after closing the pleadings on October 2, 2019. The previous judgment became final and conclusive on October 30, 2019.

On the other hand, the defendant received an authentic copy of the judgment of the court of first instance on August 30, 2019, and filed an appeal against the judgment of the court of first instance on September 10, 2019.

As a result, the trial was in progress.