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(영문) 서울동부지방법원 2015.11.27 2015나2029
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff succeeding intervenor KRW 6,672,183 and 5,00 among them.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) The Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”) filed a lawsuit against the Defendant seeking payment of the amount of KRW 1,318,840 (the principal 1,196,66 late 79,780 won) as of May 10, 200 and the amount of KRW 1,318,840 (the amount of KRW 1,196,66 late 780, KRW 42,394) with the Gwangju District Court Decision 202Gau103523 on June 28, 2002, the Defendant paid the amount of KRW 6,672,183 and the amount of KRW 5,000 among them from May 16, 200 to the date of full payment, and the amount of KRW 1,196 per annum from May 16, 200 to the date of full payment, 200 per annum 196 per annum 16,2196.6

(hereinafter referred to as “instant claim”). In the foregoing civil procedure, the complaint and the original copy of the judgment were served to the Defendant by public notice.

(2) On October 8, 2003, Gwangju Bank transferred the instant claim to New M&A Co., Ltd., and on February 28, 2005, new M&A transferred the instant claim to the Japanese Mutual Savings Bank.

The instant claim was transferred from the Japanese Mutual Savings Bank to the Plaintiff through a decision to transfer contract on January 13, 2012 by the Financial Services Commission. On January 14, 2012, the company, Japanese Mutual Savings Bank and the Plaintiff publicly announced the summary of the decision to transfer contracts and the fact of the transfer of contracts jointly in Seoul newspapers and tendency newspapers.

On June 13, 2014, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff.

On July 7, 2015, the Defendant received notice of the assignment of each of the above assignment of claims from the Gwangju Bank, the New M&A Co., Ltd., the Japanese Mutual Savings Bank, and the Plaintiff on July 7, 2015.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 9, and the purport of the whole pleadings】

B. According to the above facts of recognition, the defendant is the transferee of the claim of this case, unless there are special circumstances.

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