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(영문) 서울동부지방법원 2017.06.23 2016가단38888
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 12, 1996, the Plaintiff entered into an agreement on general household loan loans between Korea Exchange Bank and Korea Exchange Bank with a maturity of KRW 10,000,000 and July 12, 1997.

On December 28, 1998, the Plaintiff paid 100,000 won out of the above loan claims, and thereafter, the Plaintiff failed to pay the principal and interest of the loan. The loan principal as of the date of repayment is KRW 3,106,863.

(hereinafter referred to as the "loan Claim of this case")

On January 22, 2002, Korea Exchange Bank transferred the instant loan claim to a limited liability company specialized in business securitization, and notified the Plaintiff of the transfer of the claim on January 28, 2002.

On August 1, 2003, a limited liability company specialized in business securitization transferred the above loan claims to a limited liability company specialized in global foreign exchange No. 14 securitization, and notified the Plaintiff of the assignment of claims on August 19, 2003.

On June 8, 2007, a limited liability company specializing in global exchange system 14th securitization transferred the above loan claims to the defendant again, and on March 5, 2009, notified the plaintiff of the assignment of claims.

Each assignment notification was made with content certification.

C. On December 23, 2014, the Defendant filed a lawsuit against the Plaintiff, claiming that the Plaintiff is obligated to pay the Defendant the total sum of the principal and interest of the above loan claims of KRW 12,268,378, and the principal amount of KRW 3,105,338, and damages for delay against the Defendant, and the Seoul East Eastern District Court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) on January 5, 2015, and the said decision became final and conclusive around that time.

Before the decision on performance recommendation of this case, on December 3, 2003, a limited company specializing in global foreign exchange 14 securitization filed a claim against the Defendant for a payment order claiming the payment of the principal and interest of loan (the principal and interest of loan KRW 5,574,632 and damages for delay as to the principal and interest of KRW 3,105,338 among them) with the Seoul Central District Court Decision 2003 tea8, Seoul Central District Court. The said demand case is subject to the decision on the return of legal proceedings.

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