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(영문) 서울중앙지방법원 2017.09.13 2017나8486
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. The Han Bank Co., Ltd. filed a lawsuit against the Defendant at the Daegu District Court Dolgu District Court 96 Ghana261, which was sentenced to the following judgment, and the above judgment became final and conclusive on December 7, 1996.

(C) A claim based on the above judgment (hereinafter “instant claim”). “The Defendant shall pay to the Plaintiff 9,025,979 won and 8,670,837 won with an annual amount of 23% per annum from August 13, 1996 to the date of full payment.”

B. On December 30, 199, Japan Bank transferred the instant judgment claim to the Liquidation Corporation, Inc., and at that time notified the Defendant of the fact of transfer.

On December 28, 2000, the Liquidation Finance Corporation transferred the claim for the judgment of this case to the Korea Asset Management Corporation, and at that time notified the Defendant of the transfer.

C. The Korea Asset Management Corporation filed a lawsuit with the Daegu District Court 2006Gaso287230 on the ground that it acquired the claim of this case as above, and accordingly, the decision of performance recommendation was issued on September 26, 2006 as follows.

(The Defendant paid to the Plaintiff the amount of principal, interest, or delay damages from the judgment amounting to July 21, 2006 at KRW 19,469,94 (hereinafter “instant claim”). The amount of the principal, interest, or delay damages from the judgment amounting to July 21, 2006 exceeds the above amount. The amount of KRW 8,670,837 from July 22, 2006 to September 11, 2006, the amount of KRW 18% per annum and KRW 20% per annum from the following day to the date of full payment.”

D. On September 18, 2012, the Plaintiff acquired the claim for the above judgment against the Defendant of the Reorganization and Finance Corporation, and notified the Defendant of the transfer upon delegation by the Reorganization and Finance Corporation.

On September 21, 2016, the Plaintiff filed the instant lawsuit for the extension of prescription.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5.

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