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(영문) 서울중앙지방법원 2018.11.29 2018가단5122062
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 20, 2001, the Plaintiff and C Co., Ltd. entered into a loan agreement with the Plaintiff on November 20, 2001 under which the Plaintiff repeatedly borrowed a loan within the scope of the limit of use with the limit of KRW 5 million, the first available limit of KRW 2 million, the expiration date of the contract, and November 20, 2006, and the principal shall be freely repaid but shall be repaid on the expiration date of the loan period. At that time, the Plaintiff received a loan of KRW 2 million around that time.

B. On September 30, 2003, C Co., Ltd. transferred to D Co., Ltd. the principal of the loan amounting to KRW 1,995,200 and interest claim thereon (hereinafter “instant loan claim”). On July 6, 2010, C Co., Ltd sent the notice of assignment of the claim to the Plaintiff by content-certified mail.

C. D Co., Ltd. transferred the instant loan claim to the Defendant on December 12, 2003, and on July 6, 2010, sent the notice of assignment to the Plaintiff by content-certified mail.

The Defendant filed a lawsuit against the Plaintiff as Seoul Central District Court 2010 Ghana258339, and the end of the service by public notice is 2010.

8. 27. A judgment was rendered on February 3, 2010 that “the Plaintiff shall pay to the Defendant the amount of KRW 14,843,627 and KRW 1,95,200 calculated at the rate of 48.91% per annum from February 3, 2010 to the date of full payment,” and the above judgment was finalized on September 25, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2 and 3 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion did not receive the notification of the assignment of claims in the event that the assignment of claims is transferred twice.

In addition, the loans of this case were extinguished after the lapse of five years from November 20, 201, which was the starting date of loans.

Therefore, compulsory execution based on the above final judgment should not be permitted.

3. In a case where an executive title subject to an objection in a lawsuit of demurrer is a final and conclusive judgment, the grounds shall have arisen after the closure of arguments at the fact-finding court in the lawsuit in question, and shall be earlier.

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