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(영문) 서울중앙지방법원 2018.05.31 2017나80549
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. In the first instance court, the Plaintiff sought the payment of the loan claims that the Plaintiff acquired from the new bank and the Dongdaemun-gu Saemaul Savings Depository. The first instance court dismissed the Plaintiff’s claim on the loan claims that the new bank acquired from the new bank, and dismissed the claim on the loan claims that the new bank acquired from the new Saemaul Savings Depository.

Accordingly, the plaintiff appealed against the above dismissed portion of the claim. Thus, this Court's judgment is limited to the claims for loans that the plaintiff acquired from the Yeongdeungpo-gu Saemaul Savings Depository.

2. Basic facts

A. On August 6, 2002, the Han-gu Saemaul Savings Depository loaned a loan of KRW 5 million to the Defendant on August 6, 2002 at the last repayment date on August 6, 2003 and at the rate of 20% per annum (hereinafter “instant loan”).

B. On January 19, 2006, by applying for a payment order against the defendant for the loan of this case as the original branch court of Chuncheon District Court 2005Da5558, the Han-gu Saemaul Bank received an order to pay the defendant the amount of 5,488,488 won and 5,010,052 won with interest of 20% per annum from September 2, 2005 to the date of full payment. The above payment order was served on the defendant on January 31, 2006 and confirmed on February 15, 2006.

C. On January 18, 2007, the short-gu Saemaul Savings Depository requested a seizure and collection order against the defendant, with the title of execution of the above payment order as the original district court's original branch court's 2007 other loan 54, and received a seizure and collection order against the defendant's claim to return the lease deposit against the Korea National Housing Corporation from the above court.

On June 28, 2013, the Yeongdeungpo-gu Saemaul Fund transferred the claim for the instant loan to the Plaintiff, and the Plaintiff was delegated with the authority to notify the assignment of the claim by the Yeongdeungpo-gu Saemaul Fund and notified the Defendant of the fact of the assignment of claim on June 23, 2014.

E. As of March 6, 2017, the Plaintiff acquired.

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