logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.04 2017나89690
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On February 25, 2003, a limited liability company specializing in siren-backed securitization (hereinafter “the Lao-backed securitization company”) acquired the claims owed by the National Bank of Korea against the Defendant, and filed a lawsuit against the Defendant on May 12, 2006 against the Seoul Central District Court No. 2006 Ghana150107.

B. On October 25, 2006, the Orren Support Specialized Account transferred credit cards to the Defendant to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), and notified the Defendant of the assignment of credit on November 22, 2006 where the said transfer money lawsuit is pending.

The details of claims subject to transfer indicated in the notice of assignment of claims shall be as follows:

(Base Date: 5,877,084 193, 310 7,560,236) interest on principal and interest on bonds accounts of the first lending institution (on October 31, 2006)

C. Since then, on February 6, 2007, the Solomon Mutual Savings Bank received a favorable judgment from the above court that "the defendant shall pay to the plaintiff succeeding intervenor 5,877,084 won and the amount calculated at the rate of 24% per annum from October 25, 2006 to December 13, 2006, and 20% per annum from the next day to the date of full payment" (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.

[Grounds for recognition] The items of evidence Nos. 4-1, 2, and 5-1, 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is that the Plaintiff received the instant judgment claim from Solomon Mutual Savings Bank, and the amount of the instant judgment claim as of January 3, 2017 plus KRW 19,35,685,075, including principal, KRW 6,070, KRW 394, and interest and delay damages, KRW 25,426,079, the Defendant is obligated to pay to the Plaintiff 25,426,079, and KRW 6,070,39, the amount of the judgment claim as of January 4, 2017, calculated at the rate of 15% per annum from the day following the base date to the day of full payment.

B. Determination Nos. 1, 2, and 3 are written.

arrow