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(영문) 서울중앙지방법원 2015.12.02 2015나28721
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

Claim:

Reasons

1. The Han-il Bank Co., Ltd. (the Han-il Bank Co., Ltd. was merged with the Korean Commercial Bank, and changed its trade name thereafter to the Korean Bank, Inc. (the following “Korea Bank”) made a loan to the Defendant on October 16, 1998 at the rate of KRW 13.5% per annum (18%) on October 16, 1998 and at the rate of interest rate of KRW 7 million on September 25, 1998 and at the rate of delay rate of KRW 25% per annum per annum.

(B) The claim for the instant loan was transferred in sequence at our bank to the third asset-backed securitization specialized company, the promotional mutual savings bank (hereinafter referred to as the “promotion mutual savings bank”) and the Plaintiff. At the time of the assignment of each claim, the notice of the transfer was also given to the Defendant.

On the other hand, on October 19, 2004, the promotion mutual savings bank received a favorable judgment with the purport that "18,799,703 won and damages for delay against 8,967,529 won" shall be filed against the defendant (Seoul Central District Court 2004Gada1943615) and the defendant shall be paid "18,79,703 won and damages for delay of 8,967,529 won."

) The Plaintiff acquired the instant loan claims, and filed an application for the instant payment order against the Defendant on December 15, 2014. At the time, the sum of the principal and interest of the instant loan was KRW 37,170,361 (the principal amount was KRW 8,921,489) (the fact that there is no ground for dispute over recognition, the purport of the entire pleadings and the purport of the arguments).

2. Comprehensively taking into account the facts as seen earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 37,170,361, the aggregate of the remaining obligations out of the instant loans, and damages for delay of KRW 8,921,489, among them.

Although a mutual savings bank promoting the instant loan claims has already received a final and conclusive judgment, it is the extinctive prescription period of claims based on a final and conclusive judgment from February 19, 2005, which is the date when such judgment became final and conclusive.

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