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(영문) 서울남부지방법원 2018.09.07 2017나65515
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. Facts of recognition;

A. On January 18, 2007, our Bank Co., Ltd. (hereinafter “Korea Bank”) filed a lawsuit against the Defendant for a loan claim with the Daejeon District Court 2007da12822, and on March 10, 2007, the decision of performance recommendation became final and conclusive that “the Defendant shall pay to our Bank the amount of KRW 10 million and the amount calculated at the rate of KRW 19% per annum from May 1, 2002 to the date of full payment.”

After all, the defendant paid part of the principal of the loan to the bank and paid 9,961,109 won and damages for delay on the remaining principal of the loan as of October 17, 2007.

B. ① On November 29, 2007, our bank transferred its claim against the Defendant to Korea EF&A Co., Ltd. (hereinafter “Korea”); ② On December 20, 2007, the Korean bank and the three Korea EF&A Co., Ltd and B limited liability companies (hereinafter “B”) concluded a contract to transfer its claim to Korea EF&A again on December 20, 207.

(3) In addition, on July 16, 2010, B changed the trade name of the DNA Asset Management Loan Co., Ltd. to “DP Asset Management Loan Co., Ltd.” on August 16, 2010, and changed to “DFC Co., Ltd.” on August 26, 2010 (hereinafter “DP Asset Management”) and transferred its claim against the Defendant to the Defendant (hereinafter “DP Asset Management”), and ④ DNA Asset Management transferred its claim against the Plaintiff on January 17, 2012.

C. On January 10, 2008, our bank (transferor) sent to the defendant by content-certified mail.

① Assignment of claim and ② Assignment of claim were notified.

(A) No. 6. DNA Asset Management (A) is given to the Defendant by content-certified mail on February 1, 2011.

(3) The assignment of claims was notified.

A. No. 7, however, the notice of assignment of claims is indicated as “foreign exchange bank claims,” but the phrase “C” indicating that it is a Korean bank claims under the details of the assignment claims.

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