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(영문) 대전지방법원 2020.07.21 2019나116977
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. The Defendant entered into a loan agreement with a financial institution as listed below and received a loan from each financial institution (hereinafter “instant loan”).

[Units: 14,20,000,36,179,60750,399,607 2 C 2 C May 19, 2003 15,251,569,57 3,874,857 in total, 15,251,569,02,8954,274,464 on October 20, 203

B. B and C transferred the claim for the instant loan to the Defendant to D Limited Company on May 13, 2005, and on June 16, 2005, the notice of the assignment of the claim was sent to the Defendant by content-certified mail.

C. On March 13, 2008, the D Limited Liability Company filed a lawsuit against the Defendant for the claim for the takeover amount against the Daejeon District Court Decision 2008Gaso60255, and on January 7, 2009, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount calculated by the ratio of 17% per annum from March 12, 2008 to the date of full payment” (hereinafter “the judgment in a prior suit”) with respect to KRW 30,552,980 and KRW 17,026,059, whichever is less than 17% per annum from March 12, 2008 to the date of full payment. The above judgment became final and conclusive on February 19, 2009.

D Limited Company transferred the above claim to the Plaintiff on January 26, 2018, and the Plaintiff delegated the authority to notify the assignment of the claim to the Defendant on January 26, 2018, sent the notice of the assignment of claim to the Defendant by content-certified mail.

E. Meanwhile, the balance of the principal and interest of the instant loan claim, which became final and conclusive by the judgment of the previous suit, until December 13, 2018, is KRW 54,274,464, as described in the foregoing paragraph (1) (i) (i.e., remaining principal amount of KRW 15,251,569,000,000 until December 13, 2018). [The interest interest of KRW 39,02,894,00,000,000,000,000,000

2. Determination

A. According to the above facts, the defendant acquired the claim for the loan of this case from D Limited Company (i.e., the remaining principal 15,251,569 won in interest of 39,022,894 won in interest of December 13, 2018) and the remaining principal 15,251,569 won in interest of 15,569 won in interest of December 13, 2018.

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