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(영문) 서울중앙지방법원 2018.07.25 2017나85834
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (4,362,02 won and damages for delay against 1,85,825 won among them) is assessed against the plaintiff.

Reasons

1. In the first instance court, the Plaintiff sought the payment of each transfer money as set forth below against the Defendant. The first instance court affirmed the claim against Nos. 2 in the table below, and rendered a judgment of the first instance court dismissing the claim against No. 1 in the sequence 1.

In this regard, the plaintiff appealed against the dismissal of the claim among the judgment of the court of first instance. Accordingly, the subject of the judgment of this court is limited to the claim against Nos. 1 of the following [Attachment] appealed by the plaintiff and the succeeding intervenor.

[mark] Serial 1,85,825,825,177,177, 4,362,002, 202, 202, 3,237,237,046, 113,791, 14,350,837, 50,837, 13,837, 13,092, 18,71,000,000, 18,712,839,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. Basic facts

A. On October 12, 2012, the Korea Exchange Bank loaned KRW 2,500,000 to the Defendant.

(hereinafter “instant loans”). (b)

(1) The Korea Exchange Bank transferred this case’s loan claim to the Korea Exchange Bank Co., Ltd., the date of the transfer.

On April 7, 2009, the Seoul Central District Court 2009da1575062 filed a lawsuit against the defendant, and on September 25, 2009, the judgment of the above court that "the defendant shall pay 20% interest per annum from September 24, 2009 to the day of full payment of KRW 4,093,736 and 1,85,825 interest per annum from September 24, 2009 to the day of full payment" (hereinafter referred to as "the judgment of the previous lawsuit of this case"). The judgment of the previous lawsuit of this case became final and conclusive on October 30, 209.

C. On November 1, 2010, the Korea Social Co., Ltd., Ltd., Ltd., transferred the instant loan claims to the Plaintiff in sequential order on July 31, 2012.

As of December 22, 2015, the amount of the instant loans as of December 22, 2015 is the total of KRW 1,855,825, interest 2,506,17, etc.

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