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(영문) 서울서부지방법원 2017.02.08 2016가단252464
양수금
Text

1. The defendant shall pay 50,000,000 won to the plaintiff and 19% per annum from October 1, 2004 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 22, 2006, the defendant filed a lawsuit against the defendant by Solomon Mutual Savings Bank (Seoul Central District Court 2005da29895) and rendered a judgment on September 22, 2006 that "the defendant shall pay to Solomon Mutual Savings Bank 50,000,000 won and the amount calculated at the rate of 19% per annum from October 1, 2004 to the date of full payment." The judgment became final and conclusive on November 11, 2006

(hereinafter referred to as "previous Judgment"). (b)

On April 26, 2011, Solomon Mutual Savings Bank transferred the claim based on the previous judgment to the Plaintiff. On August 25, 2016, the Plaintiff filed an application for the payment order (hereinafter “instant payment order”) against the Defendant with the Seoul Western District Court 2016 tea64135 for the extension of extinctive prescription. Accordingly, the Defendant raised an objection thereto and the instant payment order was implemented as the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff 50 million won with 19% interest per annum from October 1, 2004 to the date of full payment.

B. The defendant's assertion 1 argues that since the defendant did not receive the notification of the assignment of claims from Solomon Mutual Savings Bank, the transferor, the plaintiff cannot respond to the plaintiff's claim.

Therefore, comprehensively taking account of the overall purport of the arguments in evidence Nos. 3 and 5, it can be acknowledged that Solomon Mutual Savings Bank entrusted the Plaintiff with the authority to notify the assignment of claims on behalf of Solomon Mutual Savings Bank in the course of concluding an asset transfer agreement with the Plaintiff. The Plaintiff submitted the documents attached to the notification of the assignment of claims in the course of the instant payment order and lawsuit, and the Plaintiff was served on the Defendant.

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