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(영문) 서울중앙지방법원 2020.08.18 2019가단5092007
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C Bank”) filed a lawsuit against D Co., Ltd. (hereinafter “D”) and the deceased E, a joint guarantor thereof (hereinafter “the deceased, May 3, 2004”), including loans, etc. under the Seoul District Court 98Kadan82871. The above court rendered a judgment on June 23, 1998 on “D and the deceased jointly and severally with C Bank KRW 425,379,087 and KRW 33,735,972 from the date of July 21, 195; KRW 21,023,830 from the date following August 23, 1995; KRW 38,208,95 from the date following August 24, 195 to the date of 197; KRW 90,975,970 from the date of 9.85% from the date of 9.85% from the date of 9.25% from the date of 197.8.

(hereinafter referred to as the above judgment in this case) B.

C Bank’s claims based on the instant judgment were transferred in succession to FF and the Korea Asset Management Corporation. On April 11, 2008, the Korea Asset Management Corporation filed a lawsuit against D on April 11, 2008 with the Seoul Central District Court 2008Gahap33844, and on October 7, 2008, sentenced that “D shall pay 18% per annum for 458,789,090 won to the Korea Asset Management Corporation and 311,227,596 won from December 19, 200 to September 1, 2008, and 20% per annum for 311,227,596 won from the following day to the date of full payment.” The said judgment was finalized on November 1, 2008.

C. On September 18, 2012, the Korea Asset Management Corporation transferred the claim against Korea Asset Management Corporation D and deceased by the instant judgment to the Plaintiff, and the Plaintiff was delegated with the authority to notify the transfer of claim by the Korea Asset Management Corporation, the transferor, and around March 16, 2017.

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