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(영문) 대구지방법원 2016.12.22 2016나6130
양수금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On May 14, 2002, the Daegu-gu Credit Union (hereinafter “Seo-gu Credit Union”) filed a lawsuit against the Defendants seeking the payment of loans under this Court No. 2002 Ghana12137.

On November 21, 2002, this Court rendered a favorable judgment in full of the Seo-gu, that “The defendants jointly and severally pay 5,000,000 won to Seo-gu and 21% per annum from June 2, 1994 to November 21, 2002, and 25% per annum from the next day to the day of full payment.”

The above judgment was finalized on January 7, 2003.

B. The Seo-gu New Cooperatives went bankrupt on February 12, 2003.

On March 18, 2004, the Plaintiff (former Corporate Reorganization Corporation: hereinafter “Corporation”) entered into a contract with the Korea Deposit Insurance Corporation that was appointed as a bankruptcy trustee in Seo-gu with respect to the Defendants under which all of the claims remaining (principal: 3,988,463 won, interest rate: interest rate: interest rate) of the above judgment amount should be transferred. The said Korea Deposit Insurance Corporation around that time notified the Defendants of the transfer of each claim.

C. On January 2, 2013, before ten years elapse from the time the above winning judgment became final and conclusive, the Plaintiff filed an application with the Defendants for the payment order seeking the payment of the acquisition amount under this Court No. 2013 tea35.

On January 7, 2013, this Court rendered a payment order (hereinafter “previous payment order”) stating that “The defendants jointly and severally paid to the plaintiff 3,988,463 won and the amount of 21% per annum from June 2, 1994 to November 21, 2002, and 25% per annum from the next day to the date of full payment” (hereinafter “previous payment order”). The above payment order was finalized on January 26, 2013.

[Ground of Recognition] Facts without dispute, significant facts in this court, entries in Gap evidence 1 through 10 (including each number in the case of provisional number) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The party to whom the final and conclusive judgment in favor of the relevant legal doctrine rendered becomes final and conclusive shall again win the previous suit against the other party.

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