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(영문) 서울중앙지방법원 2018.04.13 2016나31106
양수금(시효연장)
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 October 20, 1995, the Defendant received a loan (hereinafter “instant loan”) by setting KRW 5,000,000 from the Japanese bank as the due date one year after the due date, £« 3.5% per annum and 18% per annum.

B. The Defendant failed to repay the instant loan, thereby extending the repayment date to four times and changing the interest rate. Accordingly, the final repayment date of the instant loan was extended to October 20, 200, and the final interest rate was changed to £« 4%.

C. The Defendant failed to repay the instant loan on the date of the final repayment, and the Japanese Bank Co., Ltd. filed an application for provisional seizure against the Defendant as Suwon District Court 2000Kadan19079, and received a provisional seizure order on July 21, 200.

On December 30, 199, Japan Bank transferred the instant loan claims to Korea Asset Management Corporation on November 21, 2002, and notified the Defendant of the above assignment of claims around that time.

E. On October 17, 2005, the Korea Asset Management Corporation filed a lawsuit against the defendant as Seoul Central District Court 2005Ga2002385, and on October 20, 2005, the above court rendered a decision of performance recommendation to the effect that "the plaintiff shall pay to the Korea Asset Management Corporation the amount of KRW 5,565,369 and the amount of KRW 3,00,000, calculated at the rate of 18% per annum from September 6, 2005 to the date of full payment." The above decision of performance recommendation was served on the defendant on October 27, 2005 and became final and conclusive on November 10, 2005.

F. On December 31, 2007, the Korea Asset Management Corporation received dividends of KRW 873,526 as the assignee of the instant loans in the auction procedure for real estate B by Seoul Central District Court.

G. On August 28, 2012, the Korea Asset Management Corporation: (a) to the Plaintiff (hereinafter “Plaintiff”) with respect to the instant loan claim on August 28, 2012, without distinguishing it from before and after the change.

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