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(영문) 서울중앙지방법원 2018.11.08 2018나20575
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 11,062,493 and KRW 3,054,563 among them.

Reasons

1. Basic facts

A. On December 15, 2001, C Depository (which is changed to D) loaned KRW 2,000,000 to the Defendant. On December 19, 2001, E Depository (which is changed to F) loaned KRW 2,400,00 to the Defendant on December 19, 2001.

B. On October 28, 2002, D and F transferred their respective claims against the Defendant to the Korea Asset Management Corporation, and at that time notified the Defendant of the assignment of claims.

C. On November 14, 2006, the Korea Asset Management Corporation (Korea Asset Management Corporation) filed a lawsuit against the defendant for the payment of the acquisition amount of each of the above loans with the Incheon District Court Decision 2006Da525903, and on March 9, 2007, sentenced on October 21, 2006 to "the defendant shall pay to the plaintiff (Korea Asset Management Corporation) 21% per annum for 11,062,493 and 3,054,563 won per annum for 2,304,559 won from October 21, 2006 to the date of full payment." The above judgment was finalized on April 6, 2007.

On September 18, 2012, the Korea Asset Management Corporation transferred each of the above loans that became final and conclusive to the Plaintiff. On September 28, 2012, the Plaintiff was delegated with the authority to notify the assignment of claims by the Korea Asset Management Corporation and notified the Defendant of the assignment of claims.

E. The Plaintiff filed an application against the Defendant for the instant payment order on February 23, 2017 for the interruption of extinctive prescription of claims pursuant to the above Incheon District Court Decision 2006Gaso525903 Decided February 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendant is obligated to pay to the plaintiff, the transferee of each of the above loans, for KRW 11,062,493 and 3,054,563 as to KRW 21% per annum from October 21, 2006 to the date of full payment, 2,304,559 as to KRW 20% per annum from October 21, 2006 to the date of full payment.

3. The defendant.

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