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(영문) 서울중앙지방법원 2018.08.31 2018나13089

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. Facts of recognition;

A. On January 29, 2002, the Defendant borrowed KRW 2,000,000, respectively, from Fae 2 Credit Depository Co., Ltd. (hereinafter “Pae 2 Credit Depository”), and on February 18, 2002, from Fae 2,00,000 from Fae 2,00,000 from Fae 2,000,000 from

B. On October 28, 2002, the credit cooperative and the credit cooperative have transferred each of the above loans to the Korea Asset Management Corporation (hereinafter “each of the loans of this case”). At the time of transfer, the balance of the loans of the credit cooperative of 2,204,218, and the balance of the loans of the credit cooperative of 2,203,640 won was 2,423,640 won.

C. On January 8, 2007, the Korea Asset Management Corporation filed a lawsuit against the defendant to claim the above amount of transfer (Seoul District Court 2007 Ghana12722). On June 5, 2007, the court rendered a judgment on June 5, 2007 that "the defendant was sentenced to the judgment of this case (hereinafter "the judgment of this case") that "as to the Korea Asset Management Corporation 5,695,670 won and 2,423,640 won, 25% per annum from October 29, 2002 to the date of full payment, 2,204,218 won, 25% per annum from October 29, 2002 to May 31, 2003, and 20% per annum from the next day to the date of full payment." The judgment of this case became final and conclusive on July 1, 207.

On September 18, 2012, the Korea Asset Management Corporation entered into an asset transfer agreement with the Plaintiff, including each of the instant loans, and issues a notice of assignment of claims (Evidence 4-2) to the Defendant on the same day.

On May 4, 2018, the Plaintiff notified the Korea Asset Management Corporation that he/she had acquired each of the instant loans from the Korea Asset Management Corporation, and submitted as evidence a written statement on May 4, 2018 along with a notice of assignment of the said loans (Evidence A-2), and the said written statement was served on the Defendant on May 14, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers in case of additional number) and the purport of the whole pleadings.