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(영문) 서울중앙지방법원 2017.04.21 2016나69811
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 Busan Two Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) filed a suit against the Defendant for the claim for the amount of transfer money with the District Court of Yeongi-Gun (former Sejong Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City). On December 13, 2005, the above court decided to recommend performance on December 13, 2005 that “the Defendant shall pay to Busan 2 Savings Bank the amount calculated at the rate of 20% per annum from the next day of delivery of the complaint to the day of full payment,” and the above decision (hereinafter “previous decision”) was delivered to the Defendant on December 16, 2005, and became final and conclusive as is December 31, 2005.

On August 26, 2011, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the Financial Services Commission decided to transfer all of the assets and liabilities including bonds (hereinafter “instant bonds”) under the previous decision against the Defendant of the Busan 2 Savings Bank (hereinafter “the instant bonds”) to the Plaintiff. On August 29, 2011, the administrator of the Busan 2 Savings Bank and the Plaintiff jointly announced that the said decision on the transfer of contracts was made on two daily newspapers pursuant to Article 14-2(2) of the Act.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the facts of finding the cause of the claim, the claim of this case against the defendant of the Busan2 Savings Bank was transferred to the plaintiff pursuant to Article 14-2 of the above Act on August 26, 201, and the plaintiff satisfies the requirements for setting up against the designated assignment of claim pursuant to Article 450 of the Civil Act with the public notice as of August 29, 2011. Thus, the defendant is obligated to pay to the plaintiff the amount of the principal of the debt confirmed by the previous decision and the damages for delay calculated at the rate of 20% per annum from December 17, 2005 to the day of full payment, which is the day following the delivery of the original original original decision, to the day of full payment. The plaintiff is obligated to file the lawsuit of this case to suspend the extinctive prescription of the claim of this case finalized by the previous decision.

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