(영문) 부산지방법원 동부지원 2018.12.21 2018가단209418

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(영문) 부산지방법원 동부지원 2018.12.21 2018가단209418

양수금

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Of the lawsuit of this case, the part of the claim for the acquisition amount that was taken over from B is dismissed.

The defendant shall make the plaintiff 64,502.

Reasons

1. Facts of recognition;

A. C (hereinafter “C”) filed a lawsuit against the Defendant for a loan claim against the Defendant by the Seoul Central District Court 2008da90611, and was sentenced on May 27, 2008 by the above court that “the Defendant shall pay C the amount of KRW 64,502,430 and the amount of KRW 18,768,424, calculated at the rate of 19% per annum from September 10, 2002 to the date of full payment,” and the above judgment became final and conclusive around that time.

B. B Co., Ltd. (hereinafter “B”) filed a lawsuit against the Defendant for the claim for reimbursement against the Defendant under the Seoul Central District Court Decision 2012Da177676, Jan. 15, 2013, the said court rendered a judgment that “the Defendant shall pay to B the amount of KRW 81,430,177 and the amount of KRW 23,848,562 at the rate of 25% per annum from January 16, 2010 to the date of full payment,” and the said judgment became final and conclusive around that time.

C. The Plaintiff’s claim acquisition 1) C and B are as follows: (a) on June 28, 2013, each of the above judgment claims against D Co., Ltd. (hereinafter “D”).

D) On June 23, 2014, upon delegation of the notification of transfer from the foregoing transferor, D sent the notification of transfer to the Defendant by content-certified mail. (2) On January 26, 2018, D again transferred each of the above judgment claims to the Plaintiff. On April 19, 2018, upon delegation of D’s notification of transfer from D, the Plaintiff sent the notification of transfer to the Defendant by content-certified mail.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), and the purport of the whole pleadings

2. Since a final and conclusive judgment in favor of the pertinent lawsuit becomes final and conclusive as to whether the part concerning the claim for the takeover amount that was taken over from B is lawful, in cases where the relevant party who received the final and conclusive judgment in favor of the said party files a lawsuit against the said other party for the same claim as that of the final and conclusive judgment in favor of the said party, the subsequent lawsuit shall be

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