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(영문) 서울중앙지방법원 2016.06.17 2015가합14018
양수금(일부)
Text

1. The Defendant’s KRW 6,537,341,413 as well as the Plaintiff’s KRW 19% per annum from April 30, 201 to December 28, 2011.

Reasons

1. As to the lawsuit in this case, where the plaintiff claims the acquisition of a loan claim against the defendant from Han Bank Co., Ltd. (hereinafter “I Bank”), the defendant raised a lawsuit in this case to the court of the Republic of Korea without international jurisdiction, and thus, it is unlawful.

According to the statement in Gap evidence No. 5, the defendant concluded a loan agreement with the Korean bank and agreed with the Seoul Central District Court as the competent court of the first instance.

In principle, the agreement of jurisdiction is an act under the Civil Procedure Act, and it does not affect a third party except the parties to the agreement and their general successors, but if the agreement of the parties on jurisdiction is practically and legally legally established that the jurisdiction is changed by the agreement of the parties on jurisdiction, it is possible to change the substantive understanding attached in the relationship of rights as a condition of exercise of rights. Thus, in a case where parties can freely determine the contents of the relationship of rights, such as nominative claims, the specific successor in the relationship of rights shall be deemed to succeed to the changed relationship of rights so that the specific successor in the relationship of rights shall be deemed to have succeeded to such changed relationship of rights. Therefore, the effect of the agreement of jurisdiction between our bank and the defendant shall affect a specific successor (the plaintiff who is the specific successor who takes over the obligation of loans from our bank). Accordingly, the validity of the agreement of jurisdiction between our bank

Therefore, the defendant's defense is without merit.

2. Judgment on the merits

A. 1) On April 15, 2008, the Han Bank agreed to make a final payment of KRW 40,000,000 with the Defendant on December 31, 2010, and the overdue interest rate shall be set at the overdue interest rate for corporate general loans publicly notified by one Bank, and then the Han Bank agreed to make a loan with the Defendant on a total of KRW 29,249,521,914 (hereinafter “instant loan”).

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