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(영문) 서울중앙지방법원 2018.06.27 2018나8940
양수금(시효연장)
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. Basic facts

A. (1) On January 10, 1996, Japan Bank Co., Ltd. (hereinafter “Japan Bank”) lent KRW 30 million to C at the rate of 18.5% per annum. On the same day, the Defendant jointly and severally guaranteed the above loan obligations against Japan Bank.

② On September 18, 1996, the first bank filed a lawsuit claiming loans against C and the Defendant, etc. with the Daejeon District Court demoted Branch of 96Gadan2210, which was sentenced to the judgment of September 18, 1996, that “C and the Defendant, etc. jointly and severally paid the amount of KRW 30 million and the interest calculated at the rate of KRW 18.5% per annum from March 11, 1996 to the date of full payment.”

③ On December 30, 1999, Japan Bank transferred KRW 15,908,870 in total, 7,256,953 and damages for delay, 8,651,917, and notified C of the assignment of the above credit with a certificate with a fixed date (No. 6294, Feb. 18, 200, a notary public at the Korean Joint Law Office).

B. On December 28, 200, the Korea Asset Management Corporation transferred the above loan claims to the Korea Asset Management Corporation, notified C and Defendant of the transfer of the above loan claims by content-certified mail on July 13, 2001, and the above notification reached C, Defendant, etc. around that time.

C. (1) On August 11, 2006, the Korea Asset Management Corporation filed a lawsuit against C, Defendant, etc. with Seoul Central District Court 2006da181001, and sentenced on January 24, 2007, “C, Defendant, etc. jointly and severally with the Korea Asset Management Corporation to pay 15,908,870 won and 7,256,953 won with 18% interest per annum from December 29, 2000 to the date of full payment,” and the above judgment became final and conclusive on March 10, 207.

② On September 18, 2012, the Korea Asset Management Corporation transferred the above loan claims to the Plaintiff on February 21, 2013, notified the Defendant of the transfer of the above loan claims by content-certified mail on February 19, 2013, and each of the above notification is C around that time.

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