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(영문) 서울중앙지방법원 2018.06.20 2018나366
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. On August 23, 2001, Fusung Mutual Savings Bank loaned KRW 2,00,000 to the network D (hereinafter “the network”).

(hereinafter “instant claim”). (b)

Pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation on October 28, 2002, Pusung Mutual Savings Bank transferred the instant claims to the Korea Asset Management Corporation. The Korea Asset Management Corporation delegated the notification authority of the said assignment of claims by Puho Mutual Savings Bank on November 20, 202, notified the Deceased of the fact of the said assignment of claims.

C. (i) As of July 10, 2006, the principal and interest of the instant claim are KRW 5,84,089 in total including the principal amount of KRW 2,206,084, overdue interest of KRW 3,638,005.

on July 28, 2006, the Korea Asset Management Corporation filed an application for a payment order for the acquisition money with the Seoul Central District Court 2006Da54994, but the above court was implemented as the lawsuit at the above court 2006Gau2380792. The above court sentenced on March 16, 2007 that "the net shall pay to the Korea Asset Management Corporation 5,84,089 won and 2,206,084 won with 20% interest per annum from July 11, 2006 to the day of full payment," and the above judgment became final and conclusive around that time.

On September 28, 2012, the Korea Asset Management Corporation transferred the instant claim to the Plaintiff (the Plaintiff transferred the instant claim to the Plaintiff (hereinafter “Plaintiff”) on April 1, 2015, which was changed from Ethyman Loan Co., Ltd. to Ethy Ethyp Loans Co., Ltd, and was changed to the current name on December 1, 2017; hereinafter “the change”), and the Plaintiff was delegated with the authority to notify the said assignment of claim from the Korea Asset Management Corporation and notified the Deceased on October 8, 2012.

E. The Deceased died on March 6, 2007, and the mother of the Deceased, who was a sole heir of the Deceased, died on March 5, 201, and the Defendants, as brothers and sisters of the Deceased, are E in proportion to 1/3, respectively.

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