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(영문) 대법원 2016.04.15 2013다101005
대여금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiff and the successor.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by the plaintiff's successor).

1. As to the Plaintiff’s successor’s ground of appeal

A. Although the type, amount, etc. of the transferred claim is not required to be specifically indicated in the assignment of claim, the transferred claim should be identified to the extent that its identity can be recognizable by distinguishing it from other claims in light of social norms.

(See Supreme Court Decision 2011Da28946 Decided March 14, 2013; Supreme Court Decision 96Da51110 Decided May 29, 1998, etc.). (B)

The judgment below

According to the reasoning, the lower court: (a) on July 3, 1997, loaned 1 billion won to F Co., Ltd. (hereinafter “F”); (b) as stated in the detailed statement of claims attached to the lower court (hereinafter “each of the instant loans”); (c) on December 22, 2000, the foreign exchange bank transferred all of the instant loans to F Co., Ltd. (hereinafter “F”) to F Co., Ltd. (hereinafter “F”) at KRW 30,00 per year; (d) on July 3, 1997, 1.00; (e) KRW 894,217,652,000 and 206,000,000,0000 per 36,000,0000,000 won per each of the instant loans to F Co., Ltd. (hereinafter “F”); (e) USD 36,000,0000,0000,0633,0000.

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