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(영문) 서울중앙지방법원 2019.05.29 2018나40890
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. A. Around July 1989, the Defendant entered into a credit card transaction agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). Around June 7, 2000, the Defendant entered into a loan transaction agreement with Nonparty D Co., Ltd. with the content that the Defendant would receive a loan of KRW 5,00,000,000.

(hereinafter referred to as “instant claim”) b. by referring to credit card payment claims and loans claims.

A bank transferred the instant claim to Nonparty E on August 15, 2007, and thereafter, the said claim was transferred to the Plaintiff on or around April 23, 2015 through Limited Company F and Stock Company G, and the notification of transfer was made at the time of each transfer.

C. As of May 25, 2016, the remaining principal and interest of the instant bonds are KRW 52,150,102 in total ( principal KRW 12,398,464 in total, and interest to attempted principal KRW 39,751,638 in total).

[Ground for Recognition: Descriptions of Evidence A Nos. 1 through 5]

2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 52,150,102 won and 12,398,464 won with 15% interest per annum from January 8, 2017, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.

On April 28, 2011, the Defendant asserted to the effect that all of the instant claims were repaid through H. Thus, according to the evidence Nos. 1 through 6, the Defendant requested the H to approve and readjusting the obligations of KRW 11,121,42 for the obligations of KRW 19,34,764 for I Banks, J, and C, etc. around April 28, 201, the Defendant requested H to repay KRW 11,121,42 for the obligations of KRW 19,34,764 for I Banks, J, and C, etc., and to repay the said amount on the same day. Meanwhile, according to the evidence No. 4, it is recognized that the repayment was made on the same day, and as above, the obligations against C out of the re-paid obligations are KRW 9,990,339, KRW 34,350 for the special claims, the amount of the instant claims and the principal amount claimed by the Plaintiff can be acknowledged in light of these circumstances.

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