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(영문) 서울중앙지방법원 2018.06.08 2017나84695

양수금(시효연장)

Text

1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 1,845,678 and KRW 1,011,802 among them. < Amended by Presidential Decree No. 19507, Jul. 20, 2006>

Reasons

Facts of recognition

A. On December 18, 2001, the Defendant borrowed 1 million won from Lone Star Mutual Savings Bank on December 18, 2001 at a rate of 16% per annum.

(hereinafter “Claims for loans of this case”). (b)

On October 28, 2002, Lone Star Mutual Savings Bank Co., Ltd. transferred the instant loans to the Korea Asset Management Corporation, and notified the Defendant of the assignment of the said loans on November 2, 2002.

C. On September 18, 2012, the Korea Asset Management Corporation transferred the instant loan claims against the Defendant to the Plaintiff (on September 18, 2012, e.g., Teyman Loan Co., Ltd.) and notified the Defendant of the assignment of claims on October 8, 2012.

On the other hand, the Korea Asset Management Corporation filed a lawsuit against the defendant as Daegu District Court 2006da106542, and the above court rendered a judgment on October 25, 2006 that "the defendant paid 1,896,826 won with interest remaining as of July 19, 2006 (the principal 1,062,950 won delay damages) (83,876 won delay damages) and 67,706,954 won to the Korea Asset Management Corporation and 13,000,00 won among them from July 20, 2006 to October 16, 2006 with 16,000 won with interest of 25% per annum from July 20, 2006 to October 20, 2006 to 16,000 won per annum 36,784% per annum from the day following the day of complete payment."

[Grounds for recognition] Each of the statements in Gap evidence Nos. 1 through 5 (including a branch number), and the purport of the whole pleadings. According to the above facts, the defendant's judgment as to the purport of the whole pleadings as to the loan claim of this case, 1,011,802 won, excluding the total of KRW 51,148 won, and the total of KRW 1,83,876 won, and the total of KRW 1,845,678, and the amount of KRW 1,01,802 from July 20, 2006 to October 9, 2006, as the plaintiff seeks, from the following day to September 30, 2015. < Amended by Presidential Decree No. 26817, Sep. 30, 2015>