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(영문) 서울서부지방법원 2020.10.16 2020나40614
양수금
Text

1. Revocation of the first instance judgment.

2. All the claims of the plaintiff and the plaintiff acceptance intervenor are dismissed.

3...

Reasons

1. Facts of recognition;

A. The Defendant, on November 27, 2002, obtained a loan from D Co., Ltd. at the interest rate of KRW 65.7% per annum, and on November 27, 2007 (hereinafter “instant loan”) by setting a term of November 27, 2007 (hereinafter “instant loan”), and lost the benefit of time due to delinquency in payment of principal and interest obligation from December 28, 2002.

B. D Co., Ltd. transferred each of the instant loans to E Co., Ltd. on March 31, 2004, and E Co., Ltd to the Plaintiff on March 23, 2005, and each of the said transfers was notified to the Defendant.

C. The Plaintiff was served by public notice to the Defendant in the first instance judgment, and considering these circumstances, the Defendant’s appeal for the subsequent completion of the appeal is deemed lawful.

On December 31, 2015, 2015, which was merged with F, and thereafter, F, a stock company, transferred the claim for the loan of this case to the Plaintiff’s Intervenor. On December 2, 2019, the Plaintiff Intervenor filed a lawsuit against the Defendant for grant of execution clause (Seoul Western District Court 2019Da262011).

As of November 6, 2014, the principal of the instant loan claim is KRW 1,00,000, and interest and delay damages incurred therefrom are KRW 5,22,137.

[Reasons for Recognition] 1 to 4, 1 to 4, 1 to 4 of Eul (including the number of branch offices) and the purport of the whole pleadings

2. As seen earlier, the Plaintiff’s claim on the Plaintiff’s claim was consolidated into F, and transferred the Plaintiff’s claim for the instant loan to the Intervenor acquiring the instant claim. Therefore, the Plaintiff’s claim on the premise that the Plaintiff owns the said claim is without merit without further review.

3. Determination on the claims of the Plaintiff-Acceptance

A. On January 17, 2020, the Defendant filed an appeal to the first instance court to the effect that the claim of the instant loan has expired by prescription, and on June 9, 2020, the Plaintiff’s Intervenor received the instant loan claim and applied for intervention in the acquisition.

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