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(영문) 서울중앙지방법원 2018.01.11 2017가합6868
양수금
Text

1. The defendant shall pay 2,426,621,122 won to the plaintiff and 20% per annum from July 28, 2005 to the day of full payment.

Reasons

1. Indication of claim;

A. The Korea Deposit Insurance Corporation in bankruptcy (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against the Defendant claiming the payment of KRW 2,426,621,122 of the above loans and damages for delay against the Defendant, by asserting that: (a) from January 14, 1980 to the Changwon District Court 2005 Changwon District Court 205Kahap3625; and (b) from January 14, 1980 to the bankrupt Gyeongnam Integrated Finance Corporation Co., Ltd. (hereinafter “B”); (c) the Defendant de facto controlling B Co., Ltd. as the president guaranteed the above loans; and (d) the Defendant did not repay KRW 2,426,621,122 of the above loans.

On September 27, 2006, the above court sentenced the Korea Deposit Insurance Corporation to pay 2,426,621,122 won as well as 20% interest per annum from July 28, 2005 to the day of full payment. The judgment became final and conclusive around that time.

B. On September 14, 2012, the Korea Deposit Insurance Corporation transferred the claim for the said judgment amount to the Plaintiff, and on November 25, 2017, notified the Defendant of the assignment of claims to the Changwon District Court Branch 2017Kao3444.

C. On July 18, 2016, the Plaintiff filed the instant lawsuit against the Defendant for the same content in order to prevent the completion of extinctive prescription of the said judgment claim.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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