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(영문) 창원지방법원 2018.11.30 2018나53907
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. On October 4, 2003, the Plaintiff received each of the following loans claims (hereinafter “each of the instant loans claims”) from the KG Investment Securities Co., Ltd. against the Defendant of the KG Investment Securities Co., Ltd., and notified the Defendant of the assignment of claims pursuant to Article 7 of the Asset-Backed Securitization Act.

The date of arrears (unit: 4,569,166 on May 23, 2003, 2003, the National Card of 50,000 on June 9, 2003, June 26, 2001, which was issued on February 21, 2001, was issued on February 22, 2003, including the sum of 50,569,166

B. Since then, on March 11, 2008, the Plaintiff filed a payment order against the Defendant for the payment of each of the loans of this case with the Changwon District Court Jinju branch, and received a payment order (the above payment order was issued on October 25, 2003 to the date when the original copy of the payment order of this case was served on the Plaintiff, 17% per annum from October 25, 2003 to the date when the original copy of the payment order of this case was served, and 20% per annum from the next day to the date of complete payment (the above subsidization was 2008.173). The above payment order was finalized on April 17, 2008.

(hereinafter “Order No. 1 of this case”)

As of December 20, 2017, each of the loans of this case remains at KRW 15,573,594 (i.e., principal KRW 4,569,166, 11,004,428). The Plaintiff applied for the payment order of this case for the extension of the statute of limitations for the loans claims based on the payment order of this case No. 1.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, a transferee of each of the instant loan claims, is the principal amounting to KRW 4,569,166, and the Defendant, as the result of the date of arrears of each of the instant loan claims against the Plaintiff, from October 25, 2003 to April 2, 2008, the delivery date of the original copy of the instant payment order, 17% per annum, and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to September 30, 2015.

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