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(영문) 서울중앙지방법원 2016.11.23 2016가단5148527
양수금
Text

1. The plaintiff's lawsuit against the defendant A and the defendant's claim to be taken over from the Hyundai Capital and New Card.

Reasons

1. In full view of the purport of the entire pleadings as to whether lawsuit against the Plaintiff’s claim for transfer from Hyundai Capital and New Card is lawful or not, the Plaintiff’s claim for the payment order of this case was filed on August 10, 2005, on April 26, 2016, on which ten years have passed thereafter, on the following grounds: (a) as to whether the lawsuit against the Defendant was legitimate or not; (b) as to the Plaintiff’s claim for transfer from Hyundai Capital and New Card, evidence Nos. 3 and 11; and (c) as to the order to submit financial transaction information against Hyundai Capital of this Court, Hyundai Capital may not be acknowledged as unlawful upon the Plaintiff’s claim against the Defendant for compulsory execution against the Defendant under the Daegu District Court Decision 2005Gada4388, Daegu District Court Decision 2005; and (c) the Plaintiff’s claim for the payment order of this case became final and conclusive on the ground that there was no benefit of succession of the above claim against the Defendant under the above final and conclusive judgment of 2010.

2. In determining the remainder of claims, the Plaintiff is liable to pay damages for delay calculated at the rate of 17% per annum from April 14, 2016 to the day of full payment, as to the Plaintiff’s total principal and interest amounting to KRW 35,306,561, as well as KRW 19,023,186, which is the day following the date of final calculation of interest, to the day of full payment, for damages for delay calculated at the rate of 17% per annum from April 14, 2016 to the day of full payment.

3. If so, the plaintiff's lawsuit against the defendant A, Modern Capital, .

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