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(영문) 서울중앙지방법원 2015.05.26 2014재나5026
양수금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The following facts are apparent in the records before the decision subject to a review becomes final and conclusive.

Samsung Capital Co., Ltd. (hereinafter referred to as " Samsung Capital") lent 15,000,000 won (hereinafter referred to as "the instant loan") to the Defendant on September 11, 2002, at the interest rate of 12% per annum, overdue interest rate of 19% per annum, and due date of September 18, 2003.

B. Samsung Capital, on September 3, 2003, filed a lawsuit claiming the payment of the principal and interest of the instant loan against the Defendant (this Court Decision 2003Da32280952).

From the service of a copy of the complaint to the service by public notice, the procedure was conducted.

On November 4, 2003, "the defendant paid 15,620,670 won to Samsung Capital Co., Ltd. and 19% interest per annum from May 24, 2003 to the date of complete payment" (hereinafter "previous final judgment") was sentenced.

This judgment became final and conclusive around that time.

C. Samsung Capital was merged on February 1, 2004 with Samsung Card Co., Ltd. (hereinafter “Tong Card”).

Samsung Card transferred its claim for the instant loans to Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) on November 11, 2010.

On August 19, 2011, the Solomon Savings Bank applied against the defendant for the payment order (this Court Decision 2011j.71091) that "the amount of money calculated at the rate of 29.5% per annum from May 3, 2011 to the date of full payment for KRW 25,93,027 out of the amount of the loans, etc. of this case as the cause of the claim for the loans, etc. of this case."

From November 2, 2011, a judgment, such as the purport of the claim, was rendered on the litigation procedure (this court 201Ada299289) that was implemented due to the failure to serve on the defendant.

E. On December 26, 2012, the Defendant filed an appeal for the subsequent completion of the judgment of the first instance court on December 26, 2012, and the case subject to review began.

F. The succeeding Intervenor’s Intervenor: (a) transferred the instant loan claims from the Solomon Savings Bank on April 15, 201 through the Assets Transfer Agreement on December 30, 2011; (b) on the ground that the succeeding Intervenor acquired the instant loan claims, etc. from the Solomon Savings Bank on December 30, 2011.

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