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(영문) 서울서부지방법원 2017.07.21 2017가단210597
양수금
Text

1. The defendant shall pay to the plaintiff KRW 40,018,651 out of KRW 97,710,651 and the above amount from July 19, 2006 to the day of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. Facts 1) The payment order issued by Solomon Mutual Savings Bank on September 4, 2006 by the above court was finalized on September 26, 2006 (hereinafter referred to as the “first payment order of this case”) upon a request by the above court for a payment order against the defendant, claiming the acquisition amount as stated in the order, Seoul Central District Court 2006Da61697, which became final and conclusive on September 26, 2006.

(2) On April 26, 2011, Solomon Mutual Savings Bank transferred the same amount to the Plaintiff again, and on January 3, 2012, notified the Defendant of such fact by content-certified mail.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. Therefore, the Defendant is obliged to pay the Plaintiff the same amount as the written order.

2. Judgment on the defendant's assertion

A. On November 4, 2004, the point at which the original creditor, Co., Ltd. transferred the claim of this case to Solomon Mutual Savings Bank, by concessioning the starting point of the extinctive prescription of the acquisition amount of this case as to the claim for the completion of commercial extinctive prescription, the claim of this case was extinguished by the extinctive prescription period, 5 years prior to the time when the claim of this case was transferred to Solomon Mutual Savings Bank. 2) The starting point of the extinctive prescription of the acquisition amount of this case claimed by the Plaintiff is reasonable as of September 26, 2006 when the first payment order of this case became final and conclusive and the period of extinctive prescription is 10 years, as alleged by the Plaintiff. Thus, the Defendant’s above assertion and the remainder are not acknowledged without examining the remainder.

B. As to the assertion that there was no notification of the assignment of the claim, the claim that the Plaintiff acquired against the Defendant, since the National Bank Co., Ltd., a summary of the first argument, notified the Defendant of the assignment of the claim after transferring the claim to the Solomon Savings Bank, but the Defendant failed to receive the notification.

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