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(영문) 서울중앙지방법원 2017.10.26 2017나41568
양수금
Text

1. Of the judgment of the first instance, the part of the claim against the claims that the Plaintiff acquired from the National Bank of Korea.

Reasons

1. In the first instance trial, the Plaintiff sought the performance of each of the claims that the Defendant acquired from Ethnish Loan Co., Ltd., Loneson Capital Co., Ltd., Loneson Capital Co., Ltd., and the Korean National Bank, Co., Ltd., Ltd., and the first instance court dismissed the part of the claims that the Defendant acquired from Loneson Co., Ltd., and the No. 2016581, on the ground that the statute of limitations expired, the claims that the Defendant acquired from Ethnish Loan Co., Ltd. were affirmed on the ground that the Busan District Court rendered a judgment dismissing the Plaintiff’s claims and became final and conclusive.

In this regard, the plaintiff filed an appeal only against the claims that he/she acquired from the National Bank of Korea, which is limited to the claims that he/she acquired from the National Bank of Korea.

2. The following facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence 1, 5-1, 5-2, 6-4, 7-2, 8, 10, 12, and 12.

On July 24, 2001, Korea Housing and Commercial Bank Co., Ltd. (hereinafter "Korea Housing and Commercial Bank dissolved after merger with National Bank Co., Ltd. on November 1, 2001) determined and lent KRW 5,000,000 per annum to the Defendant on July 24, 2001 as interest rate of KRW 10.6% per annum, interest rate of KRW 19% per annum, and due date of redemption on July

(hereinafter “The instant loan credit”). (b)

The National Bank of Korea, a corporation, filed a lawsuit against the defendant for the payment of the instant loans, etc. under the Busan District Court Branch Branch 2006da78783, Nov. 28, 2006, the above court calculated the ratio of 19% per annum from July 7, 2006 to the date of full payment for the National Bank of Korea to KRW 14,384,373, and KRW 5,032,358.

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