logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.04 2018나12840
양수금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 1,495,548 as well as its full payment from August 27, 2006.

Reasons

1. Basic facts

A. On March 12, 2004, the credit card price claim (principal 1,495,548 won) which a foreign exchange card company has against the defendant was transferred to Busan 2 Mutual Savings Bank (Seoul 2 Savings Bank) on the part of March 12, 2004 through a limited liability company specializing in the 3rd foreign exchange card 1,495,548 won. A limited liability company specializing in the 7rd Asset Transfer Card No. 7rd Asset Transfer notified the defendant of the assignment of the assignment of the credit on May 24, 2004.

B. In accordance with Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act, the Financial Services Commission transferred the assets and liabilities of the Busan 2 Savings Bank to the Plaintiff on August 26, 201, due to poor reasons, such as insufficient capital adequacy ratio of the Busan 2 Savings Bank, and decided to transfer contracts

C. Meanwhile, the Busan 2 Savings Bank filed a lawsuit against the defendant as Changwon District Court 2006Gaso6211, and the above court rendered the judgment on September 12, 2006 that "the defendant shall pay to the Busan 2 Savings Bank 1,495,548 won and the amount equivalent to 20% per annum from August 27, 2006 to the full payment date" (hereinafter "advance judgment"), and the above judgment became final and conclusive on October 5 of the same year.

The Plaintiff filed the instant lawsuit against the Defendant for the interruption of extinctive prescription.

【Reason for Recognition】 Each description of evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. According to the above-mentioned facts, the defendant is obligated to pay the plaintiff, who received the claim from the Busan 2 Savings Bank through a decision for contract transfer, the amount equivalent to 1,495,548 won per annum from August 27, 2006 to the day of complete payment.

If so, the plaintiff's claim of this case is justified, and this conclusion is different.

arrow