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(영문) 서울중앙지방법원 2020.08.21 2019나42961
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. According to the facts without any dispute over the cause of the claim and the purport of the entire pleadings, the Korea Deposit Insurance Corporation of C, a bankrupt corporation, filed a loan claim lawsuit with the Defendant under this court 2005da202913, and sentenced on December 6, 2005, “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 1,059,715 won and 29% per annum from January 27, 2001 to the date of full payment.” The above judgment became final and conclusive at that time, the Plaintiff acquired the above loan claim against the Defendant from the Korea Deposit Insurance Corporation, and then received the succession execution clause from the above court as the Plaintiff’s successor to the above judgment on December 16, 2010, and each certified copy of the above succession execution clause was served on the Defendant on November 16, 201.

Therefore, the Defendant is obligated to pay the Plaintiff the pertinent lawsuit for the interruption of the extinctive prescription of the loan claim based on the above judgment the amount of KRW 1,059,715 as well as damages for delay calculated at the rate of 29% per annum from January 27, 2001 to the date of full payment.

2. The defendant's argument that the defendant was guilty from D, but the above argument does not affect the establishment or validity of the defendant's debt, and the above argument is without merit.

3. As such, the plaintiff's claim should be accepted on the ground of its reasoning. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed on the ground of its ground.

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