(영문) 서울중앙지방법원 2018.05.17 2017나70498

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(영문) 서울중앙지방법원 2018.05.17 2017나70498

양수금(시효연장)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is delivered in accordance with Paragraph (1).

Reasons

1. Facts of recognition;

A. On May 2, 2001, the Defendant made a loan of KRW 1,00,000 at an interest rate of 24% per annum, six months of the loan period (the automatic extension on a six-month basis at the time of ordinary interest payment) (hereinafter “claim of this case”), and lost the benefit of time due to delayed repayment of the loan.

B. On October 28, 2002, Dae Young Mutual Savings Bank transferred the instant claim to the Korea Asset Management Corporation, and at that time notified the Defendant of the assignment of the claim.

C. The Korea Asset Management Corporation filed a lawsuit against the defendant as the Incheon District Court Decision 2006Gapo3662, and the above court rendered a judgment on April 10, 2007 that "the defendant shall pay to the Korea Asset Management Corporation the amount of KRW 2,607,561 and the amount of KRW 1,215,778 among them, 24% per annum from July 7, 2006 to March 27, 2007, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on May 9, 2007.

(hereinafter “final judgment of this case”). C.

On September 18, 2012, the Korea Asset Management Corporation transferred the instant bonds to the Plaintiff and delegated the authority to notify the transfer. On September 28, 2012, the Plaintiff notified the Defendant of the assignment of the said bonds by content-certified mail.

The Plaintiff applied for the instant payment order on March 17, 2017 for the extension of the extinctive prescription period based on the final judgment of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts in this court, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall pay to the plaintiff as the final transferee of the claim of this case the amount of 2,607,561 won and 1,215,778 won among them, 24% per annum from July 7, 2006 to March 27, 2007, and 20% per annum from the next day to the date of full payment.

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