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(영문) 서울중앙지방법원 2016.11.16 2016나35290
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff and the Selection B shall be KRW 9,864,277 and KRW 2,717,021 among them.

Reasons

1. Basic facts

A. On December 1, 1998, the Onnuri Credit Union (hereinafter “Nyang Credit Union”) lent KRW 10,000,000 to the deceased F (hereinafter “the deceased”).

B. The Deceased died on December 18, 1998. On August 14, 2003, the Hanyang Union transferred the above loan claims to the Plaintiff. The notification of the assignment of claims reached around that time to the Defendant (the appointed party, hereinafter “the Defendant”) and the appointed party, the inheritor of the Deceased.

C. On August 19, 2005, the Plaintiff filed a lawsuit against the Defendant and the appointed parties by the ASEAN District Court Decision 2004Gaso26692, the Plaintiff filed a claim for the amount of money to be received from the said court. On August 19, 2005, the Plaintiff was sentenced by the said court that “The appointed parties B shall pay the amount of money to KRW 4,000,870 and KRW 2,717,021 as to KRW 2,67,247 as to each of the Defendant and the appointed parties C, D, and E, and KRW 1,81,347 as to KRW 24% as to each of them, from July 2, 2003 to the date of full payment, and the said judgment became final and conclusive as is.

As of June 23, 2015, the sum of the principal and interest of the bonds finalized by the above judgment is KRW 9,864,277 in the case of the appointed party B (the principal is KRW 2,717,021 in the case of the principal among them), KRW 6,576,184 in the case of the defendant and the appointed party C, D, and E (the principal among them is KRW 1,81,347 in the case of the principal among them).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, barring any special circumstance, the Appointed B is obligated to pay to the Plaintiff KRW 9,864,277 as well as KRW 2,717,021 as principal, and to pay damages for delay calculated at the rate of 24% per annum from June 24, 2015 to the day of full payment as to KRW 6,576,184 as well as the principal of KRW 6,576, D, and E as to KRW 1,81,34 as to each of the above KRW 6,576,184 as well as the principal.

3. Judgment on the defendant's defense

A. The Defendant’s defense of extinctive prescription is a defense that the above claim had expired five years of extinctive prescription, but the above claim is a claim established by a judgment, as seen earlier, and the judgment is given.

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