logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.13 2018나2642
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. Facts of recognition;

A. On May 6, 1993, the network B entered into a credit card transaction agreement with the Japanese Bank Co., Ltd. (hereinafter “Japan Bank”) and entered into a credit card transaction agreement with the Japanese Bank on May 29, 1993, and received a loan of KRW 2,00,000 from the Japanese Bank at the rate of 18% per annum on May 29, 1993.

(hereinafter “Claims for loans of this case”). (b)

On December 30, 199, Japan Bank transferred the claim for the loan of this case to the Korea Finance Corporation on December 30, 199, and on December 28, 200, the Korea Finance Corporation transferred the above claim to the Korea Asset Management Corporation.

C. On March 14, 2002, the deceased on March 14, 2002, the Defendant solely inherited the deceased’s property.

The Korea Asset Management Corporation filed a lawsuit against the Defendant, who is the heir of the net B, with the Gwangju District Court of Gwangju (2007Gau244214). On June 3, 2008, the above court rendered a judgment that "the Defendant shall pay to the Korea Asset Management Corporation the amount of KRW 16,369,186 and the amount of KRW 5,695,853 calculated at the rate of 18% per annum from June 9, 2007 to the date of full payment", which became final and conclusive on June 26, 2008.

(hereinafter “instant judgment”). On the other hand, on August 28, 2012, the Korea Asset Management Corporation transferred the above claim against the Defendant to the Plaintiff (the Plaintiff (the Plaintiff Company Before the change: Tyman Loan Co., Ltd.).

E. On March 22, 2018, the Plaintiff filed the instant lawsuit for the extension of the prescription period of a claim pursuant to the instant judgment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (if there is a satisfy number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 16,369,186 won and damages for delay calculated at the rate of 18% per annum from June 9, 2007 to the date of full payment, unless there are special circumstances.

B. The defendant's assertion does not have any conclusion of a credit card transaction agreement with the Japanese bank, and related thereto.

arrow