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(영문) 창원지방법원 2019.12.12 2018나4301
대여금
Text

1. The judgment of the first instance court, including the claim of the Plaintiff’s succeeding intervenor who participated in the trial, shall be modified as follows.

Reasons

1. As to the judgment of the court of first instance rendered on February 25, 2009, the defendant filed an appeal for subsequent completion on September 21, 2018. According to the records of this case, the court of first instance declared that "the defendant shall pay to the plaintiff 12,560,311 won and 3,550,611 won, which are calculated at the rate of 49% per annum from August 13, 2008 to the day of full payment," and that the original copy of the judgment was served by service by public notice on March 3, 2009, and that the court of first instance became final and conclusive on March 17, 2009 and that the defendant submitted a certified copy of the judgment of first instance to the court of first instance on February 25, 2009, which became final and conclusive on March 17, 2009 and that the defendant was issued a certified copy of the judgment of first instance on March 17, 2009."

2. Facts of recognition;

A. On October 1, 2002, the Defendant borrowed 5,000,000 won as a general loan from A to 54.75% of the interest rate, 54.75% of the loan maturity on October 1, 2007 (hereinafter “instant loan”), and on April 27, 2004, repaid the principal and interest until April 27, 2004, and delayed payment, and the remaining principal was 3,550,611 won, and interest and delay damages incurred.

B. On October 2, 2014, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the assignment of claims by content-certified mail around December 30, 2014.

C. Meanwhile, based on the judgment of the court of first instance that became final and conclusive, the Plaintiff received on March 23, 201, a collection order for the seizure and collection of the Defendant’s claim against the Defendant (Seoul District Court Jinwon Branch Branch Office 2011TTT 1730), and collected KRW 2,018,376 of the Defendant’s deposit claim against the Defendant Company E on September 23, 201, and collected KRW 1,786,416 among them.

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