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1. Revocation of the first instance judgment.
2. As to the plaintiff 5,505,873 won and its 2,142,962 won, September 1, 2002
Reasons
1. Facts of recognition;
A. On November 9, 2001, Puak Mutual Savings Bank Co., Ltd. (hereinafter “Puak Mutual Savings Bank”) loaned KRW 2,323,668 to the Defendant, and Hyundai Switzerland Mutual Savings Bank (hereinafter “Yak Switzerland Mutual Savings Bank”) borrowed KRW 2,142,962 to the Defendant on December 7, 2001, respectively. The agreed interest rate applicable to each of the above lending contracts is 25% per annum from March 1, 1981 to May 31, 2003, and 20% per annum from the following day.
B. Pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, the Korea Asset Management Corporation; the Korea Green Savings Bank, on October 28, 2002, transferred the claims of KRW 2,805,867, totaling KRW 2,323,668, and interest KRW 482,199, and notified the Defendant of the assignment of claims on November 20 of the same year; and on October 28, 2002, Hyundai Switzerland Mutual Savings Bank transferred the claims of KRW 2,70,04,06, totaling KRW 2,70,000,06, and notified the Defendant of the assignment of claims on November 22, 2002.
C. The Korea Asset Management Corporation filed a lawsuit against the defendant for the payment of each loan claim received from financial institutions as Busan District Court Decision 2005Da13144, and was sentenced to a full favorable judgment on April 26, 2006 (hereinafter “the judgment in a prior suit”), which became final and conclusive on May 12, 2006 (hereinafter “the judgment”). The final and conclusive judgment includes 5,505,873 won (=2,805,867 Won 2,70,006 Won), and among them, 2,142,962 won from September 1, 2002 to October 29, 2002; and 2,323,68 won from the date following the date of the loan principal to May 31, 2005, respectively.
On August 28, 2012, the Plaintiff acquired each of the instant loans from the Korea Asset Management Corporation.