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(영문) 서울중앙지방법원 2017.09.05 2017나42363

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

purport.

Reasons

1. Facts of recognition;

A. On April 6, 1991, the Chuncheon Saemaul Bank set and lent KRW 3,00,000 at the interest rate of KRW 14.5% per annum, 22% per annum, 5% per annum, and 5 October 192 due date for repayment (hereinafter “the instant loan”), and C and the Defendant jointly and severally guaranteed the above loan obligation of KRW 2.

B. On February 28, 2007, the Chuncheon District Court issued a payment order on February 28, 2007 to B, C, and the Defendant for the payment order at the rate of 22% per annum from February 22, 2007 to the date of full payment of the principal amount of KRW 11,168,983 and the principal amount of KRW 2,772,203. The Chuncheon District Court received the above application and issued the payment order on March 8, 2007 (hereinafter “previous payment order”), and the payment order was served to B and C, and it became final and conclusive around that time, but the service to the Defendant was impossible.

C. On April 24, 2007, the Chuncheon District Court rendered an application for a lawsuit pursuant to Article 466(1) of the Civil Procedure Act regarding the above payment order case on April 24, 2007, and accordingly, it proceeded by public notice to the defendant. On June 19, 2007, the Chuncheon District Court concluded the pleadings of the above case on June 19, 2007, and on the same day, issued a judgment that the defendant is liable to pay to the plaintiff damages for delay at a rate of 22% per annum from February 22, 2007 to the day of full payment (hereinafter “the final judgment of this case”). The judgment became final and conclusive on July 14, 2007.

On April 6, 2012, the Switzerland-dong Saemaul Savings Depository transferred the instant claim to the Plaintiff, and granted the notification authority thereof to the Plaintiff. On May 14, 2012, the Plaintiff notified the Defendant of the assignment of the said claim, and at least the notification reached the Defendant on May 26, 2017, which is the date for pleading of the first instance trial of this case.

(e).