(영문) 부산지방법원동부지원 2019.03.27 2018가단222688

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(영문) 부산지방법원동부지원 2019.03.27 2018가단222688

양수금

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1. The Defendant shall pay to the Plaintiff the annual amount of KRW 182,772,176 and KRW 38,671,682 from October 17, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) filed a lawsuit against the Defendant and C, a joint guarantor, for the payment of the credit card use price and loan with the Seocho District Court Branch of 2008da1523, Oct. 15, 2008, and received a judgment from the above court that “B shall pay to B the amount of KRW 63,845,853 and KRW 25,673,649, which are jointly and severally with C, to the day of full payment from March 6, 2008; ② the Defendant shall pay KRW 25% per annum from March 6, 2008 to the day of full payment; ② the Defendant shall pay the amount of KRW 27,395,23 and KRW 12,98,03 from March 6, 2008 to the day of full payment; and the above judgment became final and conclusive on Oct. 31, 2008.

B. On June 21, 2013, B transferred the foregoing judgment claim (hereinafter “instant claim”) to D Co., Ltd. (hereinafter “D”), and D, on behalf of the transferor, sent the notice of assignment by content-certified mail to the Defendant on June 23, 2014.

C. D transferred the instant claim to the Plaintiff on January 26, 2018. On April 19, 2018, the Plaintiff sent the notice of assignment by content-certified mail to the Defendant on behalf of the transferor D.

As of October 17, 2018, the instant claim amounting to KRW 38,671,682 as principal, KRW 144,100,494 as of October 17, 2018 (the amount that the Plaintiff reduced within the scope of the foregoing judgment damages for delay) and total KRW 182,772,176 as of October 17, 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant claim the amount of KRW 182,772,176 and the principal amount of KRW 38,671,682 from October 17, 2018 to the date of full payment, the damages for delay calculated at the rate of 15% per annum that the Plaintiff seeks from October 17, 2018.

B. The defendant's defense of the extinction of the statute of limitations is proved to have expired the statute of limitations.

In this case, loans, etc. relating to the claim of this case are extended.

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