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(영문) 대구지방법원영덕지원 2016.06.22 2016가단566
양수금
Text

1. The defendant shall pay 25,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination as to the cause of claim

A. 1) On June 27, 2006, the court rendered a judgment on June 27, 2006 that "the defendant shall pay KRW 269,267,889 to the Gyeongbuk Mutual Savings Bank" and the above judgment became final and conclusive around that time.

(3) On February 6, 2015, 2015, Gyeongbuk Mutual Savings Bank Co., Ltd. (hereinafter “instant previous judgment”) transferred part of the above loan (245,91,423 won) against the Defendant to the Plaintiff. Around April 16, 2015, it notified the Defendant of the assignment of the said loan. [Grounds for recognition] The fact that there is no dispute between the Defendant and the Defendant, Gap’s evidence Nos. 1 through 4 (including the serial number), and the purport of the entire pleadings.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff KRW 25 million, which is part of the interest fund, as requested by the plaintiff.

2. The Defendant’s assertion 1) There is no evidence to support the fact that the Plaintiff’s assertion received part of the funds from the Defendant during the auction procedure regarding real estate owned by the Defendant during the period of the instant previous judgment or the acquisition of bonds.

(1) In light of the above legal principles, the court below erred by misapprehending the legal principles as to real estate ownership by misapprehending the legal principles as to real estate ownership, and failing to exhaust all necessary deliberations, thereby affecting the conclusion of the judgment, as otherwise alleged in the ground of appeal. In so doing, it did not err by misapprehending the legal principles as to real estate ownership, as otherwise alleged in the ground of appeal.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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