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(영문) 서울중앙지방법원 2015.05.20 2014나65488
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. Basic facts

A. On September 29, 1997, a mutual savings and finance company for dialogue (hereinafter referred to as the “mutual savings and finance company”) entered into a bill trading agreement with the Defendant that covers loans of KRW 763,00,000, transaction period, January 8, 1998, interest rate of KRW 15.5% per annum, and delayed interest rate of KRW 20% per annum.

B. In accordance with the above bill transaction agreement, the Defendant borrowed the total amount of KRW 763,00,000,000 in the manner of receiving discount from a bill from a mutual saving and finance company for two promissory notes (the face value of KRW 398,000,000 and the face value of KRW 365,000) in which the same steel industry corporation occurred, but failed to repay the principal and interest of the loan even after the due date (per maturity).

C. On March 26, 1998, the dialogue mutual savings and finance company filed a lawsuit against the defendant for the payment of the amount of KRW 763,00,000 and KRW 398,00,000 from the Daejeon District Court Decision 98Da12833, the defendant filed a claim for the payment of the amount of KRW 763,00,000 to the dialogue mutual savings and finance company during the period from December 29, 197 to June 5, 1998; the amount of KRW 25% per annum from the following day to the full payment date; the remaining KRW 365,00,000 from January 9, 1998 to June 5, 198; and the amount of KRW 25% per annum from the following day to the full payment date. The defendant recognized the claim on June 16, 1998.

After that, on April 22, 1999, the above loans and claims against the defendant in the dialogue mutual savings and finance company were transferred to the Korea Mutual Savings and finance company and the second securitization company on December 14, 200, to the Korea Mutual Savings and finance company specializing in the second securitization on December 14, 200, to the Korea Mutual Savings and Finance Corporation on October 31, 2003, to the Korea Mutual Savings and Finance Corporation (hereinafter referred to as the "Shap Mutual Savings and Finance Company") on April 30, 207, to the Solomon Savings Bank (hereinafter referred to as the " Solomon Savings Bank") on December 11, 2009, and each of the above transfers was notified to the defendant around that time.

E. Solomon Savings Bank is the Seoul Central District Court 2013Hahap46 on April 30, 2013.

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