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(영문) 서울동부지방법원 2015.01.14 2014나22385
양수금
Text

1. The part against Defendant B in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Facts of recognition;

A. On August 25, 2003, Defendant A loaned 23,200,000 won from Han Bank Co., Ltd. (hereinafter “Seoul Bank”) on August 25, 2003, the due date for payment was set at 14.4% per annum, interest rate per annum, and interest rate per 15.8% per annum.

B. When Defendant A delayed the repayment of the above loan, the above loan claims against Defendant A of the Japanese bank were transferred to Defendant A on November 9, 2004, on August 24, 2010, on the management of assets on the Round road map, on September 30, 2010, on the Bank Business Loansnet, and on March 13, 2013, each of the above assignment claims was notified to Defendant A.

C. On the ground that the social group of the East Tyang social group acquired the above loan claims, the court filed a lawsuit against the defendant A claiming the acquisition amount under the Seoul Central District Court 2005Kadan90511, on the ground that it acquired the above loan claims, and on June 10, 2005, the above court rendered a judgment on June 10, 2005 that "the defendant A shall pay damages for delay calculated at the rate of 15.8% per annum, which is the overdue interest rate of 23,884,72 won and the remaining principal of the loan from March 15, 2005 to the day of full payment." The above judgment became final and conclusive on July 12, 2005.

1) According to the application for compulsory execution against corporeal movables such as television, cooling, laundry, laundry, etc. owned by the Defendant with the above final judgment as the title of execution, the joint auction procedure for corporeal movables conducted by the Seoul Central District Court No. 2006No. 7764, Sept. 18, 2006, which was held by the Mayang branch had the remainder of KRW 1,495,380, which was deducted the execution cost from the sale price of KRW 1750,000, and the Defendant B again purchased the said corporeal movables from the highest buyer for appropriation to the principal of the loan.

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