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(영문) 서울중앙지방법원 2020.06.12 2019나48617

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. Judgment on the ground of the Plaintiff’s claim

A. The facts of recognition (1) E (E) on March 21, 1997: (a) on February 5, 200, the due date for payment was 30,000,000 won; (b) the interest rate was 14% per annum; (c) the rate of delay was 26% per annum from March 29, 198 to May 13, 1998; (30% per annum from the following day to July 31, 1998; and (26% per annum from the following day); and (d) the Defendant loaned the loan under an agreement that the Defendant would lose the benefit of the due date when it delays part of its principal and interest (hereinafter referred to as “instant loan”; and (d) the Defendant’s joint and several debt was added to the loan principal and interest delay claim; and (e) the Defendant’s joint and several debt of the first instance trial, CFD and Nonparty 1.

(2) On May 24, 1999, E filed a lawsuit against the Defendant, C, F, and D seeking the payment of the loan amount of KRW 30,000,00 and its amount from March 29 to May 13, 1998, stating that “The Defendant paid only interest until March 28, 1998 among the principal and interest of the instant loan and did not pay the interest thereafter.” The above court rendered a final judgment of winning the lawsuit at the rate of KRW 26% per annum from the date following the date of March 29, 198 to the date of May 13, 1998, and at the rate of KRW 26% per annum from the date of completion of the loan amount to the date of July 31, 1998. The above judgment became final and conclusive. < Amended by Presidential Decree No. 15083, Sep. 3, 199; Presidential Decree No. 15083, Mar. 19, 1998>

(3) On October 6, 2003, the Plaintiff acquired the instant loan claims from E, and on November 13, 2003, E, the transferor, sent the content-certified mail to the Defendant, notifying the transfer of the instant loan claims.

(4) The Plaintiff filed the instant lawsuit on July 9, 2009 to interrupt the extinctive prescription of the instant loan claims that became final and conclusive by the judgment prior to the instant lawsuit.

(5) As of September 1, 2003, the instant loans are extended.