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(영문) 부산지방법원 2020.02.14 2019나54627
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. B (hereinafter “B”) filed a lawsuit against the Defendant for a loan claim (Seoul Central District Court 2009Kadan26150) and rendered a judgment on April 9, 2009 that “the Defendant shall pay to the Plaintiff (B) the amount of KRW 73,250,709 and KRW 28,594,832 per annum from January 20, 2009 to February 4, 2009, and the amount of KRW 20% per annum from the next day to the day of full payment,” which became final and conclusive on May 7, 2009.”

(hereinafter “instant judgment claim”). B.

B on July 5, 2013, the instant claim was transferred to C (mutual name before the change: D. hereinafter “C”) on July 5, 2013, and C delegated the authority to notify the assignment of claims from B on June 23, 2014 and completed the notification to the Defendant.

C. On January 26, 2018, C transferred the instant claim to the Plaintiff, as described in the preceding paragraph. On April 19, 2018, the Plaintiff was delegated by C with the authority to notify the assignment of claims and completed the notification of the said assignment of claims to the Defendant.

On February 22, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant judgment claim. The sum of principal and interest as of February 18, 2019 of the instant judgment claim calculated by the Plaintiff within the scope of the foregoing judgment claim is as stated in the following “the principal and interest of the claim”.

B [Evidence Evidence] without dispute, entry of Gap evidence 1 to 11 (if any, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant’s final transferee of the instant judgment claim is based on the ratio of 15% per annum from February 19, 2019 to the date of full payment of the principal and interest to KRW 119,395,545, and from February 18, 2019, the principal and interest of KRW 28,594,832, which are the day following the date of calculating the principal and interest.

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