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(영문) 광주고등법원 2018.06.29 2017나12966 (1)
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 989,731,965 among the Plaintiff and KRW 643,259,110 among the Plaintiff.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) delayed the performance of obligations arising from the said credit transaction, as listed below, while doing 16 credit transactions with the Industrial Bank of Korea as listed in the following table.

Serial 1. 20,00 0. 20,000 1. 20,000 1. 20,000 17. 20,000 21. 20,00 20,000 21. 3. 13. 20,000,000 1. 3. 4. 20,000 6. 3. 16. 4. 20,005 1. 20,000 ; 1. 1. 3. 4. 4. 20,000 ; 1. 1. 4. 20,00 ; 1. 1. 4. 4. 20,00 ; 1. 5. 20,000 ; 1. 3. 4. 5, 2015

On November 27, 2012, the Industrial Bank of Korea transferred claims arising from the credit transaction with B to Dachan, other than YY, a Japanese company, on November 27, 2012. On December 21, 2012, the Bank of Korea transferred the said claims to the United Nations Espon-backed Specialized Company with the consent of the Industrial Bank of Korea on December 21, 2012, and the United Nations Espon-backed Specialized Company transferred the said claims to the Plaintiff on November 6, 2015, and notified the transfer of the said claims to B on December 15, 2015.

C. As of February 11, 2016, the remaining loans of B arising from the said 16th credit transaction were 643,259,110 won, and the remaining interest or delay damages were 346,472,85 won.

Accordingly, on February 9, 2017, the Plaintiff filed a lawsuit against B, as the Gwangju District Court 2016Gahap594, and rendered a judgment that “B shall pay to the Plaintiff 989,731,965 won and 643,259,110 won with 15% interest per annum from November 15, 2016 to the date of full payment.”

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