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(영문) 서울중앙지방법원 2021.01.21 2020나45195
어음금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. On November 5, 2009, G Co., Ltd. (hereinafter “G”) acquired loan claims (hereinafter “loan claims”) transferred to J Co., Ltd. (hereinafter “J”) from J, Inc. (hereinafter “J”), and filed a lawsuit against the Defendants as Seoul Eastern District Court Decision 2009Gadan68355, and the said court rendered a judgment on April 23, 2010 that “the Defendants jointly and severally pay to G the amount calculated at the rate of 20% per annum from November 17, 2009 to the date of full payment” (hereinafter “prior judgment”). The aforementioned judgment became final and conclusive on June 4, 2010.

B. After the judgment of the preceding case became final and conclusive, G transferred the instant loan claims against the Defendants to H Co., Ltd. (hereinafter “H”) on January 13, 2012.

(c)

H transferred the instant loan claim to the Plaintiff on June 3, 2014, and around September 12, 2014, the Defendants were forced to do so.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) Determination as to the cause of claim 1) The Plaintiff’s claim for the amount of the loan claim as the transferee of the loan claim in this case. The Defendants did not dispute the existence of the loan claim in this case and the acquisition of the loan claim in this case, but did not receive notification as to the transfer of claim between G and H

The argument is asserted.

2) According to the purport of the evidence No. 2-3 as well as the entire pleadings, G transfers the instant loan claim to H on January 13, 2012 in accordance with the Financial Services Commission’s decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry (Amended by Act No. 11630, Mar. 22, 2013), and on January 14, 2012.

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