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1. The defendant shall pay to the plaintiff KRW 51,302,96 as well as KRW 2,253,349 as to the plaintiff from August 23, 2006 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 28, 2002, the Plaintiff received KRW 4,593,559 from Hyundai Switzerland Mutual Savings Bank to the Defendant, KRW 1,88,934 on April 30, 2003, KRW 41,757,700 on the card loan loan claim against the Defendant, and KRW 5,263,266 on April 3, 2003, respectively.
B. The above A.
A. The above mentioned above around each transfer date of the port.
Each financial institution described in paragraph (1) notified the defendant of the above assignment of claims.
C. The plaintiff thereafter against the defendant.
With respect to each claim for the amount of takeover as stated in paragraph (1), the Daegu District Court filed a lawsuit with 2006da121374, Nov. 7, 2006, and received a judgment in favor of the Plaintiff on Nov. 25, 2006 that “the Defendant shall pay to the Plaintiff 53,503,459 won and 4,453,812 won per annum from August 23, 2006 to the date of full payment, 20% per annum from August 23, 2006 to the date of full payment, and 29% per annum from August 23, 2006 to the date of full payment to the date of full payment.” The above judgment became final and conclusive on Nov. 25, 2006.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay the amount stated in the claim to the plaintiff who acquired the claim from a Puho Mutual Savings Bank, etc., and on the other hand, the lawsuit of this case brought for the purpose of the extension of extinctive prescription due to the imminent completion of extinctive prescription after the judgment
Therefore, for the Plaintiff, KRW 51,302,96, which is the sum of the principal and interest remaining in the acquisition amount, and KRW 2,253,349, which is the principal and interest of the claim that the Plaintiff acquired from the M&C bank, 20% per annum from August 23, 2006 to the day of complete payment, and Samsung Capital Co., Ltd.