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(영문) 서울중앙지방법원 2017.08.04 2016나83770
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4:

On June 23, 2000, the Maritime Credit Depository Co., Ltd. (hereinafter “Maritime Credit Depository”) loaned 2,700,000 won to the Defendant at an annual interest rate of 29% and due date of payment on June 22, 2002.

(hereinafter “instant loan”). (b)

The Maritime Credit Depository was declared bankrupt by the Seoul District Court on August 27, 2001, and the Korea Deposit Insurance Corporation was appointed as the bankruptcy trustee of the Maritime Credit Depository.

C. If the Defendant did not perform the obligation to repay the principal and interest of the instant loan, the Korea Deposit Insurance Corporation of the bankrupt Korea Deposit Insurance Corporation of the Maritime Credit Depository established the outstanding loan 3,193,022 as principal and interest of the instant loan, around June 25, 2002.

On July 31, 2006, the Korea Deposit Insurance Corporation of the Maritime Credit Depository of the bankrupt filed a lawsuit against the defendant for loans against the Seoul Central District Court 2006da182408. On August 8, 2006, the above court issued a decision of performance recommendation with the purport that "the defendant shall pay to the plaintiff 3,193,022 won and the amount equivalent to 29% interest per annum from June 26, 2002 to the date of full payment." The above decision was served on the defendant on August 17, 2006 and confirmed on September 1, 2006.

E. On May 22, 2007, the Korea Deposit Insurance Corporation transferred the principal and interest of the instant loan to the Plaintiff (hereinafter “Plaintiff”) on May 22, 2007, and notified the Defendant on July 31, 2007.

2. Determination:

A. According to the facts acknowledged in the above facts of judgment as to the cause of the claim, the Defendant, barring special circumstances, shall pay the Plaintiff the principal and interest of the instant loan to the transferee of the instant loan claim KRW 3,193,022 and this.

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