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(영문) 서울중앙지방법원 2016.10.12 2016가단5111235
양수금
Text

1. Of the lawsuit in this case, the lawsuit against the claims acquired from Tranchis Loan Co., Ltd. and the Agricultural Cooperatives of North Korea is brought about.

Reasons

1. We examine the legitimacy of the lawsuit in this part ex officio as to the claims acquired from Tyman Loan Co., Ltd. and the Nonghyup Bank of South Korea, and whether the lawsuit is lawful.

The plaintiff sought payment of the credit amount to the defendant, Native Loan Co., Ltd. and Native Agricultural Co., Ltd., but comprehensively taking account of the overall purport of the arguments in the statement No. 6-1 and No. 2, Native Housing Co., Ltd., which transferred the credit amount to the defendant, filed a lawsuit against the defendant to seek payment of the above transfer amount under the Seoul Central District Court No. 2005 Ghana No. 1128383, Mar. 4, 2005, upon receipt of the performance recommendation decision on March 7, 2005, on which the performance recommendation decision was served on March 22, 2005, and the above performance recommendation decision on March 22, 2005 became final and conclusive, as the plaintiff had not received the above performance recommendation decision on March 26, 2003 from Native Housing Co., Ltd., Ltd., which had already become final and conclusive after the expiration of the performance recommendation decision on March 26, 2003.

2. The grounds for the judgment on the remainder of claims (Provided, That the creditor shall be the plaintiff, the debtor shall be the defendant, and the defendant shall be limited to the claims acquired from the national card) are either disputed between the parties, or can be recognized in full view of the entries in subparagraphs A and 4 and the whole purport of the pleadings. Thus, the defendant shall total sum of the principal and interest to the plaintiff.

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