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(영문) 서울중앙지방법원 2018.02.14 2017나36030
양수금
Text

1. The defendant's appeal is dismissed.

2. The defendant bears the costs of appeal.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant, as of March 31, 2005, bears the obligation on each of the creditors listed in the “original bond company” column as set forth below (hereinafter “original bond holders of this case”) as stated in the “date of occurrence” column of the same Table as stated in the “date of occurrence” column of the same Table. The principal and interest of each of the above obligations of the Defendant as of March 31, 2005 are as stated in the “principal” column and “interest interest” column of the same Table.

(1) The term "the original creditor's each claim of this case" (hereinafter referred to as "each claim of this case") . [Attachment 1] 4,700,000,901,100 2 foreign exchange bank on June 18, 2003, card loan loan No. 901,9031,579 3 41,56026,876 44444 card of this case 19, 2002, 405, 208, 2005, 20534, 208, 2005, 105, 10036, 2005, 205, 105, 105, 105, 105, 205, 206, 305, 16, 305, 205, 196, 305, 205, 2016, 365, 10.

B. On May 13, 2005, the original creditor of the instant case transferred each of the instant claims to the Plaintiff. On June 16, 2005, the Plaintiff notified the Defendant of the transfer of each of the instant claims in accordance with the Asset-Backed Securitization Act.

C. On September 15, 2006, the Plaintiff filed a lawsuit against the Defendant for the payment of principal and interest of each of the instant claims (hereinafter “the previous lawsuit”). On September 15, 2006, the said court issued a performance recommendation decision with the purport that “The Defendant shall pay to the Plaintiff 13,106,867 won and 9,014,802 won among them at the rate of 17% per annum from April 1, 2005 to the date of full payment” (hereinafter “the prior lawsuit decision”). The prior lawsuit decision was finalized on November 21, 2006.

As of August 11, 2006, the principal and interest of each of the instant claims as of August 11, 2006 are as listed below [Attachment 2].

[Attachment 2] The principal of the original bond company at a net time.

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