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(영문) 서울남부지방법원 2015.06.25 2015나53068
양수금
Text

1. Revocation of a judgment of the first instance;

2. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

3...

Reasons

1. Facts of recognition;

A. On March 24, 1994, the Seongbuk-dong Saemaul Savings Depository (hereinafter “Sdong Saemaul Savings Depository”) lent KRW 3,00,000 to the Defendant 12% per annum, interest rate of KRW 22% per annum, due date of repayment on March 24, 1995 (hereinafter “instant loan”), and B and C guaranteed the Defendant’s obligation on the same day.

B. When the Defendant did not repay the principal and interest of the instant loan debt, the community credit cooperative filed a lawsuit against the Defendant and B on May 2, 2005 against the Defendant and B for the loan claim under the Suwon District Court Sung-nam Branch of 2005Kaso39450, and in the above case, “the Defendant and B jointly and severally paid to the community credit cooperative 6,97,143 won and the amount calculated by the rate of 22% per annum from April 27, 2005 to the date of full payment” (hereinafter “previous performance recommendation decision”) was delivered to the Defendant on May 13, 2005, and the said performance recommendation decision became final and conclusive on May 28, 2005.

C. On May 11, 2007, a community credit cooperative transferred each of the instant loan claims to Song Financial Asset Management Co., Ltd., Song Financial Asset Management Co., Ltd., D on July 7, 2007, D on July 24, 2007, and D on Aug. 29, 2012, Co., Ltd transferred each of the instant loan claims to the Plaintiff on August 29, 2012. The Plaintiff was delegated with the authority to notify each of the said assignment of claims and notified the Defendant of the said transfer.

On the other hand, on March 24, 2015, after the judgment of the first instance court of this case, the Plaintiff transferred the instant loan claims to the Plaintiff’s succeeding intervenor. The Plaintiff’s succeeding intervenor was delegated with the authority to notify the said assignment of claims and notified the Defendant on April 2, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The fact that the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff is as seen earlier, and thus, the instant loan and the instant loan against the Defendant.

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