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(영문) 서울중앙지방법원 2015.06.16 2014나61332
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

Facts of recognition

On September 12, 1996, the New Gyeonggi Mutual Savings and Finance Company: (a) lent KRW 100 million to the Defendant on September 12, 1999; (b) the interest rate of KRW 17.5% per annum; and (c) the overdue interest rate of KRW 20% per annum (hereinafter “loan”); (b) the due date of repayment of KRW 80 million per annum was determined and lent at KRW 16.5% per annum; and (d) the overdue interest rate of KRW 20% per annum.

(2) On November 198, 1998, the new Games Mutual Savings and Finance Company (hereinafter “Loan”). On December 19, 1998, the new Games Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) notified the Defendant of the transfer of credit on December 19, 1998. On December 14, 200, the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) notified the Defendant of the transfer of credit on February 28, 2001, the transfer of loan claims ①, ② the transfer of loan claims, ② the transfer of credit on February 28, 2001, and the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) notified the Defendant of the transfer of credit on October 31, 2003.

The Korea-China Specialized Company (hereinafter referred to as the “Korea-China Specialized Company”) filed a lawsuit against the Defendant on the claim for the transfer money, which sought payment of loan claims, under the Suwon District Court 2002Gahap7247, and the Plaintiff succeeded to the said lawsuit.

On February 6, 2004, the above court rendered a judgment that "the defendant shall pay to the plaintiff 15,99,461,461,150 won and 60,461,155 won a year of 20% a year from July 1, 1999 to the date of full payment," and that "the above judgment became final and conclusive on March 12, 2004, 199 that "the defendant shall pay to the plaintiff 15,99,428 won and 60,461,155 won a year of 20% a year from July 1, 1999 to the date of full payment."

On April 30, 2007, the Plaintiff owned the loan claims as it is, and transferred the loan claims to the Ganyang Mutual Savings Bank Co., Ltd. (Seoul Mutual Savings Bank Co., Ltd., Sobre Savings Bank; hereinafter “Sanyang Mutual Savings Bank”).

Grounds for recognition: dispute.

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