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(영문) 서울중앙지방법원 2019.05.03 2018나58112
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. Basic facts

A. On December 14, 2002, the Defendant entered into a credit loan agreement with C Co., Ltd. with a loan amount of KRW 6,000,000, the loan period of KRW 24 months, interest rate of 25% per annum, and 30% per annum for delay, and received a loan from C Co., Ltd. amount of KRW 6,00,000.

B. From April 5, 2003, the Defendant lost the interest of time due to delay in the repayment of the above loan, and C Co., Ltd. filed a lawsuit against the Defendant on September 21, 2004 against the Seoul Western District Court Decision 2004 Ghana196350 on the claim for the loan against the Defendant for the above loan (hereinafter “the claim of this case”). The above court decided June 16, 2005 that “the Defendant shall pay to C Co., Ltd. 8,027,078 won and the balance of the loan principal 5,402,02,025 won with 30% interest per annum from September 17, 2004 to the day of full payment, and the above judgment became final and conclusive on July 5, 2005.

C. C Co., Ltd. transferred the instant bonds to D Co., Ltd. on September 3, 2007, and on the same day, notified the Defendant by content-certified mail.

D Co., Ltd. filed a lawsuit against the Defendant on February 20, 2008 against Suwon District Court Branch of 2008Gau43888 regarding the claim of this case. On July 22, 2008, the above court rendered a judgment on July 2, 2008 that "the Defendant shall pay to D Co., Ltd. 15,017,067 won and 5,402,025 won with 30% interest per annum from February 16, 2008 to the day of full payment," and the above judgment became final and conclusive on August 29, 2008.

E. On July 1, 2010, D Co., Ltd transferred the instant claim to the Plaintiff (former trade name: E) and on December 3, 2010, notified the Defendant by content-certified mail.

F. On May 14, 2018, the Plaintiff applied for the instant payment order to extend the extinctive prescription of the instant claim.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including each number), and the purport of the whole pleadings in this court.

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