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(영문) 서울북부지방법원 2020.05.20 2018나39011

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

Facts of recognition

At the time of October 24, 2003, the Defendant owed the following credit card loans to C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”):

On October 24, 2003, 200-11-28, 2001-03-19 2001-05-31 of outstanding amount of credit (based on principal) 3,051,569 won, 2,367,364 won, 5,418,933 won and D transferred the above amount of credit to E Co., Ltd. (hereinafter referred to as “E”) on the same day, and E transferred the above amount of credit to the Plaintiff on the same day. At that time, E transferred the amount of credit to the Defendant.

On December 12, 2005, the Plaintiff filed a lawsuit with the Defendant seeking the payment of the above loan claim (Seoul Southern District Court 2005DaDa337890). On February 7, 2006, the above court sentenced on the judgment that "the Defendant shall pay to the Plaintiff 5,418,93 won and interest calculated at the rate of 17% per annum from October 25, 2003 to January 27, 2006, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on March 9, 2006.

On May 3, 2019, the defendant filed a subsequent appeal against the judgment of the court of first instance (Seoul Southern District Court 2019Na1645), and the above court rendered a judgment dismissing the defendant's appeal on February 7, 2020.

(2) The Defendant is obligated to pay to the Plaintiff the principal and interest of the assignee-paid claim according to the final judgment of the previous suit, barring any special circumstance. The instant lawsuit is filed by the Plaintiff for the purpose of extending the extinctive prescription of the assignee-paid claim established by the final judgment of the previous suit, so long as the Plaintiff filed the instant lawsuit for the purpose of extending the extinctive prescription of the assignee-paid claim established by the final judgment of the previous suit, barring any special circumstance.