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(영문) 서울중앙지방법원 2018.06.29 2017나72906
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 30, 200, the Defendant borrowed KRW 1,000,000 from the Dongdong Credit Depository Co., Ltd.

(hereinafter “instant loan”). (b)

On May 22, 2007, the Korea Deposit Insurance Corporation, which was declared bankrupt, concluded an asset transfer agreement between the Korea Deposit Insurance Corporation and the Korea Deposit Insurance Corporation, including the instant loan claims, and transferred the instant loan claims to the Korea Deposit Insurance Corporation. On July 31, 2007, the Korea Deposit Insurance Corporation notified the Defendant of the above transfer by content-certified mail.

C. The Liquidation Bank Corporation, Inc., filed a lawsuit against the Defendant as Seoul Central District Court Decision 2007Da2245988, seeking payment of the remaining principal and interest of the instant loan claims. On November 22, 2007, the said court rendered a judgment with the purport that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from May 22, 2007 to the date of full payment” (hereinafter “the previous judgment of this case”). The above judgment became final and conclusive on December 27, 2007.

Since then, on July 15, 2009, the instant loan claims were transferred to Bolivi Capital Co., Ltd. from Bolivi Capital Co., Ltd., May 13, 201 from Bolivi Capital Co., Ltd., and from Bolivi Capital Co., Ltd., the lower court, on July 31, 2012, respectively, to the lower-tier limited company, and to the Plaintiff on July 31, 2012 from the lower-tier limited company, and each transfer notification was given by the transferee or the transferee delegated with the authority at the time of the said transfer.

E. As of November 27, 2016, the remainder of the loan of this case is KRW 3,678,593 in total (i.e., principal amount of KRW 1,00,000 or damages for delay) or KRW 2,678,593 in total.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is the final transferee of the claim of this case.

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