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(영문) 수원지방법원 2019.10.10 2019나58650
양수금
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts of the claim ① Each loan of KRW 8 million in Co., Ltd. D, August 10, 200 (the maturity date August 16, 2001) and KRW 7 million in November 24, 200 (the maturity date November 24, 2003), 15 million in total.

H. The loan of this case is referred to as the “instant loan.”

(2) The loan of KRW 7 million was extended on November 24, 2004; and ③ the Plaintiff acquired the claim of the loan of this case from the non-party limited company E, which acquired the claim of this case from the transfer of the loan of this case on January 4, 2013 (the notice of assignment of claim was issued lawfully in the process).

(4) As of December 24, 2015, the date of application for the payment order of this case, the total amount of the loan of this case is KRW 15 million and the total amount of interest or delay damages is KRW 13,553,278 (total amount of KRW 28,553,278) can be acknowledged by the parties, or there is no dispute between the parties, and there is no evidence that interfered with the plaintiff's claim. (1) In light of the above facts, the plaintiff acquired the loan of this case on January 4, 2013, and the assignment of the claim was duly made. Thus, the defendant and the appointed parties are liable to pay the plaintiff the loan of this case and its interest or delay damages after the expiration of the period of KRW 14,00,000,000,000 for 20,000,000 for 14,000,000,000).

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