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(영문) 광주지방법원 2020.11.20 2019나67479

청구이의

Text

The defendant's appeal is dismissed.

The costs of appeal between the plaintiff and the defendant are borne by the defendant.

Reasons

1. Basic facts

A. On March 10, 2005, the Korea Asset Management Corporation filed a lawsuit against the Plaintiff and G, a principal debtor, as the Plaintiff and joint guarantor, as the Gwangju District Court 2005da75834. On May 21, 2005, the decision of performance recommendation for the Plaintiff and G became final and conclusive on May 21, 2005, and on December 1, 2005, the Plaintiff and G were jointly and severally liable to the Korea Asset Management Corporation for KRW 20 million and the annual interest thereon from July 1, 200 to April 16, 201, and KRW 19.5% per annum from the next day to August 9, 2001, and KRW 19% per annum from the next day to the date of complete payment. The above decision became final and conclusive on December 3, 2005.

(hereinafter the above judgment is referred to as “the judgment prior to the instant lawsuit,” and the above claim is referred to as “the instant claim”). B.

On September 18, 2012, the Korea Asset Management Corporation transferred this case’s claim to Defendant (JJ Co., Ltd. at the time). On October 8, 2012, the Defendant, who was delegated the notification authority by the Korea Asset Management Corporation, notified the Plaintiff and G of the fact of the assignment of claim by way of content-certified mail.

C. On September 8, 2015, in order to interrupt the extinctive prescription of the instant claim that became final and conclusive by the judgment in the instant lawsuit, the Defendant (F Co., Ltd.) filed a request for payment order against the Plaintiff and G with the Gwangju District Court No. 2015 tea6207, Sept. 8, 2015, and upon the Defendant’s request for filing a lawsuit, the judgment accepting the Defendant’s claim with the Gwangju District Court No. 2015 Ghana9632, Apr. 19, 2016

The Defendant’s succeeding intervenor acquired the instant claims from the Defendant on August 8, 2019, and delegated the authority to notify the assignment of claims by the Defendant, and notified the Plaintiff of the fact of the assignment of claims by mail, on December 3, 2019, and the said notification reached the Plaintiff around that time.

E. Meanwhile, on September 30, 2019, the Plaintiff and G filed an appeal against the foregoing Gwangju District Court Decision 2015Da96632, and the Intervenor succeeding to the Defendant filed an appeal against the said Decision as the Gwangju District Court Decision 2019Na4201.