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(영문) 부산지방법원 2019.11.29 2019나49618
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 December 26, 2008, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant (Seoul Central District Court 2008Gaso2487703) seeking reimbursement, and on December 26, 2008 in the above case, the judgment was rendered that “the Defendant paid to the Plaintiff (Korea Credit Guarantee Fund) 4,939,676 won and 4,929,065 won with 18% per annum from December 31, 2003 to May 31, 2005; 15% per annum from the following day to November 26, 2008; and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive as is January 29, 2009.

(hereinafter referred to as “instant claim”) a claim based on the said final judgment.

On October 31, 2017, the Credit Guarantee Fund transferred the instant judgment claim to the Plaintiff. On December 19, 2017, the Plaintiff, who was delegated by the Credit Guarantee Fund with the authority to notify the said assignment of claims, completed the notification to the Defendant on December 19, 2017.

C. On September 13, 2018, the Plaintiff filed an application for the instant payment order for the interruption of extinctive prescription of the instant judgment claim.

On the other hand, on July 9, 2007, the defendant filed a qualified acceptance report on the inheritance of the deceased's property B, and the above report was accepted on August 1, 2007.

Seoul Family Court (the Seoul Family Court 2007Ra5338) / [Evidence] / Without dispute, each entry of Gap evidence 1, 2, and 3 (including branch numbers, if any) and the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who acquired the claim of this case 4,939,676 won and 18% per annum from December 31, 2003 to May 31, 2005, 15% per annum from the next day to November 26, 2008, and 20% per annum from the next day to the day of full payment, unless there are special circumstances.

On the other hand, the defendant has already completed a qualified acceptance report on the inheritance of the deceased B's property and also inherited property.

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