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(영문) 서울중앙지방법원 2017.12.21 2017나64530
양수금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 197,302,307 among the Plaintiff and KRW 67,283,936 among the Plaintiff, the Defendant on March 2017.

Reasons

1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 4:

On March 20, 2001, the Defendant acquired the obligation of KRW 70,000,000 from the Bank on November 2, 2000 to Korea Co., Ltd., Ltd., and borrowed KRW 45,00,000 from the Bank on July 30, 201.

(hereinafter referred to as the “instant claim”) against the Defendant of the Bank of Korea (hereinafter referred to as “instant claim”).

On April 2, 2004, Korea Bank Co., Ltd., Ltd., to the limited company specializing in the Esp-ISB securitization, and the limited company specializing in the Esp-ISB securitization 2006

8. 21. 21. Each of the instant claims was transferred to Dongyang Social Co., Ltd., and at that time notified the Defendant of each of the above assignment of claims.

C. On January 31, 2007, the Seoul Central District Court 2006Kadan4096555 filed a lawsuit against the defendant, and on January 31, 2007, the court sentenced the above court to "the defendant shall pay to the plaintiff 84,875,561 won and 67,283,936 won with interest of 20% per annum from November 28, 2006 to the day of full payment" (hereinafter "the previous judgment of this case"). The above judgment became final and conclusive on February 24, 2007.

On June 29, 2012, the Plaintiff acquired the instant claim from Twitman Loan Co., Ltd. (hereinafter referred to as the “Dong Yangyang”) and notified the Defendant of the assignment of the claim around October 17 of the same year by content-certified mail.

E. As of March 6, 2017, the instant claim remains within the scope as indicated below as of March 6, 2017, and the Plaintiff applies an annual interest rate of 15% on the transferred claim from January 1, 2017.

2. According to the above facts of determination as to the cause of the claim, the defendant shall pay to the plaintiff the amount of KRW 197,302,307 and the principal amount of KRW 67,283,936, barring special circumstances.

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