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(영문) 부산지방법원동부지원 2019.09.17 2018가단213851
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The "Seoul Western District Court" described in the application for the instant payment order by the Seoul Southern District Court seems to be a clerical error.

As 207Gahap22829, the Defendants filed a lawsuit against the Defendants for the payment of loans, etc., and the above court rendered a judgment that “the Defendants jointly and severally paid the Plaintiff (referring to the Small and Medium Business Corporation) the amount of KRW 160,95,500 and KRW 103,07,100 among them, 12% per annum from November 13, 2007 to March 28, 2008, and 20% per annum from the next day to the date of full payment,” and the above judgment was finalized on September 26, 2008.

(hereinafter referred to as the “final judgment of this case”). B.

Afterward, the Small and Medium Business Corporation transferred the instant final judgment claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation

C. Therefore, in order to suspend the extinctive prescription of the instant final and conclusive judgment claim, the Defendants are jointly and severally liable to pay 157,98,400 won and 100,000,000 won among them, with 12% per annum from November 13, 2007 to March 28, 2008 and 20% per annum from the next day to the date of full payment.

2. Determination

A. As alleged by the Plaintiff, the Small and Medium Business Corporation transferred the instant final and conclusive judgment claim to the Plaintiff on May 25, 2012 upon receipt of the final and conclusive judgment of the Plaintiff on July 13, 2012, by content-certified mail, and issued a notice of assignment of claim to Defendant A (hereinafter “Defendant Company”) on July 13, 2012, and issued a notice of assignment to the Defendant Company to the “Defendant Company F of the building E in Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu” on July 18, 2012, each of the facts that each of the notice of assignment of claim to Defendant B was sent to the instant court or that the entire purport of the pleadings is recognized in full view of the statements in

(b) the nominative claim;

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