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(영문) 부산지방법원동부지원 2019.02.13 2018가단219095

양수금

Text

1. Of the lawsuit in this case, the part of the claim against the transferee B is dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (former trade name: C Co., Ltd.; hereinafter “B”) with respect to Defendant B Co., Ltd.

(2) On October 18, 2012, the Cheongju District Court Decision 2012Ga3866 rendered a judgment against the Defendant that “The Defendant shall pay to B the amount of money calculated at the rate of 29.9% per annum from August 11, 2012 to the date of full payment.” On June 21, 2013, Cheongju District Court 201Da3866, D (hereinafter referred to as “D”), and D transferred the above judgment claim to D (hereinafter referred to as “D”) with the authority of notice of transfer delegated from B, the transferor, to the Defendant on June 23, 2014.

3) On January 26, 2018, D again transferred the claim for the foregoing judgment amount to the Plaintiff. On April 19, 2018, the Plaintiff was delegated with D with D’s notification authority and sent the notice of assignment to the Defendant by mail verifying the content of the assignment. B. From around 2000 to around 2003, E safe (hereinafter “E Depository”) extended a loan of KRW 58 million (i.e., KRW 5 million, ② KRW 30 million, KRW 20 million, KRW 300,000, KRW 300,000) to the Defendant where the director of the E Depository was a member.

2) On June 28, 2013, E Depository transferred to D each of the above loans the principal amount of KRW 4,958,460, ② KRW 32,725,660, ③ the respective loans amounting to KRW 19,83,780, and KRW 19,83,780 (each interest separate) was not repaid. D was delegated with the authority to notify the transfer from E Depository and sent the notice of the transfer to the Defendant by mail proving the content of the transfer on June 23, 2014. (iii) D again transferred the respective loans amounting to the Plaintiff on January 26, 2018. The Plaintiff was delegated with the authority to notify the transfer from D and sent the notice of the transfer to the Defendant by content-certified mail on April 19, 2018.

4. Claims for each of the above loans.