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(영문) 서울서부지방법원 2018.04.13 2017나40324
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. The Korea Housing and Commercial Bank prior to the merger (hereinafter “Korea Housing and Commercial Bank”) concluded a loan agreement with the Defendant on March 15, 200 by setting the loan amount of KRW 102,00,000,000, interest rate of March 15, 2003, interest rate of KRW 9.5% per annum, and delay compensation rate of KRW 102,00,000, and implemented the loan of general housing.

B. On November 4, 2004, the Solomon Savings Bank (Seoul District Court 2006Gadan428205) filed a lawsuit against the defendant demanding the payment of the acquisition amount (Seoul Central District Court 2006Gadan428205). On August 14, 2007, the Seoul Central District Court sentenced that "the defendant shall pay to Solomon Savings Bank 58,068,285 won and 20,142,298 won with 19% interest per annum from May 24, 2006 to the day of full payment (hereinafter "the preceding judgment of this case"). The preceding judgment of this case became final and conclusive on September 6, 2007.

C. On April 26, 201, the Solomon Savings Bank transferred the claim for the above loan to the Plaintiff. Around that time, notified the Defendant of the assignment of claim. D.

On July 20, 2017, the Plaintiff applied for the instant payment order for the extension of the extinctive prescription of a claim by the preceding judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3 and 4, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 58,068,285 won and 20,142,298 won per annum from May 24, 2006 to the date of full payment.

In this regard, the defendant's loan was received since B, who was aware of it, deceiving the defendant, obtained the defendant's seal and certificate of personal seal, and B signed and sealed the loan agreement.

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