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(영문) 서울중앙지방법원 2016.07.06 2016나1822
양수금
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. Determination as to the cause of claim

A. In fact, (1) On September 21, 2000, Daeyang Mutual Savings and Finance Company Co., Ltd. loaned KRW 1,000,000 to the Defendant at 24% per annum and 30% per annum per annum.

Since then, the Korea Deposit Insurance Corporation was declared bankrupt and was appointed as bankruptcy trustee.

(B) The Korea Deposit Insurance Corporation in the Daeyang Mutual Savings and Finance Company, Inc. filed a lawsuit against the defendant against the Seoul Central District Court 2005da1174959, and on April 20, 2005, the above court issued a decision of performance recommendation that "the defendant shall pay to the bankruptcy trustee in the Daeyang Mutual Savings and Finance Company, the bankrupt corporation, the amount of KRW 1,066,167, and the amount of KRW 30% per annum from June 25, 2001 to the date of full payment." The above decision of performance recommendation was finalized on May 17, 2005.

(2) On July 28, 200, the Dongdong Credit Union Co., Ltd. (A) set the loan amount of KRW 1,00,000 per annum to the Defendant on July 28, 200 and the overdue interest rate of KRW 29% per annum to the Defendant.

On August 27, 2001, the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

(B) On December 19, 2005, the bankrupt Korea Deposit Insurance Corporation filed a lawsuit against the defendant against the Seoul Central District Court 2005da2206620, and the above court issued a decision of performance recommendation that "the defendant shall pay 1,107,367 won and 29% interest per annum from August 26, 2001 to the full payment date to the Korea Deposit Insurance Corporation in bankruptcy at the Maritime Credit Credit Depository, the bankrupt company, the Korea Deposit Insurance Corporation, the bankrupt company, the Korea Deposit Insurance Corporation, and the above decision of performance recommendation became final and conclusive on January 7, 2006.

(hereinafter referred to as the “second claim”). (3) Assignment of claims and principal and interest are assigned.

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