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(영문) 서울중앙지방법원 2017.10.26 2017나45775
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.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 6:

On April 2, 1994, the Defendant borrowed 10,000,000 won from the South Mine Agricultural Cooperative on April 2, 1994 at the interest rate of 12% per annum, 17% per annum, and the due date of payment on March 29, 196.

(hereinafter “The instant loan credit”). (b)

On September 13, 1996, the remaining Gwangju Agricultural Cooperative filed a lawsuit against the defendant for the payment of the loan of this case with the Gwangju District Court 96 Ghana90206, and on February 14, 1997, the above court sentenced on February 14, 1997 to the effect that "the defendant shall pay to the defendant the amount equivalent to 5,189,082 won and the amount equivalent to 19 percent per annum from January 30, 1996 to the full payment date."

4. 9. The above judgment was finalized as it is.

2. On March 5, 2007, another lawsuit was filed against the defendant for the extension of the extinctive prescription period of the instant loan claims by the Gwangju District Court 2007Gaso5568, and the above court made a decision on March 14, 2007 to the effect that "the defendant shall pay the defendant an amount equivalent to 5,189,082 won and the amount equivalent to 19% per annum from January 30, 1996 to the full payment date."

4. 10. The decision on performance recommendation became final and conclusive as is.

C. On June 28, 2013, the Plaintiff transferred the instant loan claims to the Plaintiff on June 28, 2013. On June 23, 2014, the Plaintiff was delegated with the authority to notify the assignment of claims from the Southern Mine Cooperatives and notified the Defendant of the fact of the assignment of claims by mail verifying the content. 2) The instant loan claims remain within the following scope as of February 9, 2017.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall receive the transfer money from the plaintiff, barring special circumstances.

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