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(영문) 서울중앙지방법원 2015.01.15 2013가합91486
양수금
Text

1. The defendant shall pay to the plaintiff KRW 527,477,685 as well as KRW 258,913,549 as from April 10, 2003 to May 31, 2003.

Reasons

1. The following facts of recognition may be found as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence of Nos. 1 to 3 (including each number in the case of virtual numbers):

On December 1, 200, the Defendant acquired the obligation from the Korea Housing and Commercial Bank Co., Ltd. (Korea Housing and Commercial Bank Co., Ltd.) to a national bank B’s loans. On April 9, 2003, the amount of the above loans as of April 9, 2003 is KRW 527,47,685 (i.e., principal interest of KRW 258,913,549, interest of KRW 14,865,730, interest of KRW 253,69,698,40).

B. The National Bank Co., Ltd. filed a lawsuit against the defendant as Seoul District Court Decision 2003GaGa136017, and on July 18, 2003, the above court rendered a judgment against the National Bank Co., Ltd. on the amount of KRW 527,477,685 and the amount of KRW 258,913,549 from April 10, 2003 to May 31, 2003, the amount of KRW 19% per annum, and the amount of KRW 20% per annum from the next day to the date of full payment. The above judgment became final and conclusive on September 2, 2003.

C. On January 27, 2010, the Plaintiff acquired the above loan claims against the Defendant from Ars Asset Management Co., Ltd., which was transferred before the transfer of the above loan claims from Ars Asset Management, and at that time notified the Defendant of the transfer of the claim.

2. Accordingly, the Defendant is obligated to pay to the Plaintiff the instant lawsuit for the interruption of extinctive prescription of the claim based on the above judgment at the rate of 19% per annum from April 10, 2003 to May 31, 2003, and 20% per annum from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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