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(영문) 서울중앙지방법원 2016.07.13 2016가단5047747
양수금
Text

1. Of the instant lawsuits, the lawsuit against the claims acquired from a new card company shall be dismissed.

2. The defendant.

Reasons

1. In full view of the purport of the entire pleadings as to the legitimacy of the lawsuit against the claims that the plaintiff acquired from the new card company among the claims in this case, upon ex officio as to the validity of the lawsuit against the new card company, the new card company (hereinafter referred to as the "new card company") filed a lawsuit against the defendant for the installment loans that the new card company transferred to the plaintiff under the Incheon District Court 2003 Ghana 12633, and was sentenced to a favorable judgment on July 23, 2003. The above judgment became final and conclusive on August 9, 2003. The new card company received the above final judgment from the debtor and the financial institutions such as the National Agricultural Cooperative Federation as the third debtor on June 18, 2010 with the title of title, and received the collection order of claims and interest on the part of the Incheon District Court 2010ta 1545, and it cannot be acknowledged that the above part of the judgment's execution clause was unlawful. Thus, the plaintiff's rights protection interest can not be acknowledged by compulsory execution.

2. The judgment on the cause of the claim (Provided, That the creditor is the plaintiff and the debtor is the defendant) is not disputed between the parties, or can be recognized in full view of the entries in Gap evidence Nos. 1 through 4, and 6 (including the serial number) and the purport of the entire pleadings. Thus, the defendant is liable to pay to the plaintiff delay damages calculated at the rate of 17% per annum from October 14, 2015 to the day of full payment, which is the day following the date of final calculation of interest, for the total amount of the principal and interest of the national card takeover bonds, and for the principal of KRW 23,267,942 and the principal of KRW 15,200

3. As to the defendant's assertion, the defendant defense that the plaintiff's right to acquire the national card has expired by prescription, but the evidence No. 6 is proved.

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