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(영문) 서울중앙지방법원 2018.07.24 2018가단5001882
양수금
Text

1. The defendant shall be jointly and severally and severally with Codefendant B, Ltd., and the amount of KRW 124,000,000 and that of this, from December 7, 2005 to December 29, 2005.

Reasons

1. Basic facts

A. On Aug. 25, 2006, the bankruptcy trustee of Puss Savings Bank and C filed a lawsuit against B and the Defendant for a loan claim with the Busan District Court 2006Kahap15345 on Aug. 25, 2006. On Aug. 23, 2007, the above court affirmed part of the judgment [B and the Defendant jointly and severally with the bankruptcy trustee of the Korea Deposit Insurance Corporation and C 15% per annum from Dec. 7, 2005 to Aug. 29, 2005, 19% per annum from the next day to Aug. 23, 2007, and 20% per annum from the next day to the date of full payment]; and the above judgment became final and conclusive on Sep. 13, 2007.

(hereinafter “Prior Judgment”). B.

On December 31, 2015, the Plaintiff notified the Defendant of the fact of the transfer of the instant claim by the trustee in bankruptcy, the Korea Deposit Insurance Corporation, and C of the bankrupt Plus Mutual Savings Bank of Korea, and delegated the assignment of claims from the transferor of the instant claim to each content-certified mail, and notified the fact of the transfer of the claim to B of the head office recorded in the corporate registry on May 17, 2016 and January 24, 2017. On June 17, 2017, the Plaintiff notified the Defendant of the fact of the transfer of the claim to B of the address entered in the loan transaction agreement (the same as the address entered in the certified copy or abstract of the corporate registry).

C. On August 31, 2017, the instant payment order, which the Plaintiff filed against B and the Defendant with respect to a part of the instant claim based on the instant preceding judgment, was submitted to the Defendant as a litigation proceeding on October 17, 2017, and the part B, which became final and conclusive on December 20, 2017.

[Grounds for recognition] Gap 1-6's entries, the purport of the whole pleadings, and facts that are obvious to this court

2. Determination

A. According to the above fact-finding that the obligation to pay the transfer money was established, the defendant is part of the transfer money to the plaintiff, unless there are special circumstances.

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