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(영문) 서울중앙지방법원 2019.11.11 2019나22899

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

1. Basic facts

A. As of March 28, 2002, F Co., Ltd. (hereinafter “D”) had a claim for a loan of KRW 17,823,823 in balance (management number I, redemption account J, and deposit account note K) to H as of January 4, 199, when it was merged with E, and as of May 20, 200, F Co., Ltd. (hereinafter “F”) had a claim for a loan of KRW 17,823,823 in balance to H.

On March 30, 2002, on April 27, 2002, the first day of the notification of the transfer by the transferee of the vehicle, the first day of the notification day of the transfer, and on February 14, 2003, L Co., Ltd., Ltd. on February 3, 2003, June 15, 201, Plaintiff 201 July 21, 201

The above loan claims against the Defendant of F Co., Ltd. were transferred as follows, and each transferor notified the transfer of claims by content-certified mail with a fixed date on the following date of notification of transfer:

C. L Co., Ltd. (hereinafter “L”) filed a loan lawsuit with H and C as the Defendant on August 13, 2008 with the Seoul Central District Court 2008Gaso1308692. The Seoul Central District Court rendered a judgment on August 13, 2008 with respect to the above case (hereinafter “L”); (i) H 4,199,36 won and its related amount; (ii) H and C jointly with 8,187,278 won and its related amount; (iii) 18% per annum from September 13, 1996 to December 21, 197; (iv) 21% per annum from the following day to March 1, 1998; (v) 25% per annum from the following day to October 18, 1998; and (v) 20% per annum from the following day to 200% per annum until 2098.

After that, the network H died on September 26, 2010, and the heir is the defendant, the child, the co-defendant M, and N.

E. On the other hand, on July 12, 2018, the Plaintiff filed the instant lawsuit with a view to extending the extinctive prescription of the claim against H that became final and conclusive by the judgment in the prior suit (hereinafter “instant claim”).

[Grounds for recognition] Each entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply).