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(영문) 서울중앙지방법원 2018.11.30 2018가단5095467
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 113,288,453 and KRW 30,468,072 from February 20, 2018 to the date of full payment.

Reasons

1. The judgment on the cause of the claim was made by the Defendant with the obligation such as receiving a loan from C Bank, etc. as stated in the separate sheet of claim, and the Plaintiff was sentenced on or around March 31, 2005 to transfer its claim to the Defendant from the financial institutions that are creditors of the Defendant and notified the Defendant of the assignment of claim on or before June 16, 2005 pursuant to Article 7(1) of the Asset-Backed Securitization Act. The Plaintiff filed a lawsuit against the Defendant for the claim for the transfer of claim under Changwon District Court Decision 2007Gadan68698, Changwon District Court Decision 2008, Apr. 8, 2008, “the Defendant shall pay to the Plaintiff 58,680,48,072 won with the amount calculated at the rate of 17% per annum from June 20, 2007 to the day of full payment, and the Plaintiff’s statement of claim and its purport as indicated in the separate sheet of claim No. 218, etc. 2198.

Therefore, the Defendant is obligated to pay to the Plaintiff 13,288,453 won in total with interest and interest and 30,468,072 won in total with interest and interest and delay damages calculated at the rate of 15% per annum from February 20, 2018 to the day of full payment.

2. As to the defendant's assertion and judgment, the defendant raised a defense to the effect that the judgment was rendered by service by public notice when the defendant did not receive postal items at the time of the preceding lawsuit.

If the original copy of the judgment of the first instance is served on the defendant by public notice, the defendant's address is false or incomplete.

Even if the service is valid, the above judgment becomes final and conclusive formally, and in this case, the defendant shall file an appeal within the appeal period.

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