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(영문) 서울중앙지방법원 2015.12.09 2015나44136
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. Determination as to the cause of claim

A. Fact-finding 1) Korea Exchange Bank (hereinafter “Korea Exchange Bank”)

The court filed an application against the defendant for the determination of the amount of litigation costs under the Incheon District Court Branch Decision 2004Kaga259, and the above court rendered a decision on August 23, 2004, stating that "The above decision was delivered to the defendant on August 28, 2002 by the Incheon District Court Branch Branch Decision 2001Da22507, August 28, 2002; the Incheon District Court Decision 2002Na7268, August 14, 2003; and the Supreme Court Decision 2003Da48518, December 12, 2003; and the above decision was delivered to the defendant on September 9, 204 (the above decision was delivered to the defendant on September 1, 2004).

2) The Plaintiff finally acquired the aforementioned litigation costs against the Defendant of the foreign exchange bank via a limited liability company specializing in green source securitization, a Korea Credit Management Company, Co., Ltd., Co., Ltd., and the K&P collection management of the costs of the lawsuit, and a broad-time social and Nao Asset Loan Co., Ltd.

(The above assignment of claims was notified as a whole on May 15, 2014, and the Defendant’s wife received the notice of the assignment of claims on May 20, 2015) / [based on recognition] the fact that there is no dispute, each entry in Gap’s evidence Nos. 1 through 3 (including the serial number), and the purport of the whole pleadings.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff, the final transferee of the above litigation cost claim the amount of KRW 3,832,580 as well as damages for delay at the rate of 5% per annum under the Civil Act from September 10, 2004 to November 15, 2014, which is the day following the day on which the determination of the amount of the above litigation cost becomes final and conclusive, as requested by the plaintiff, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defense

A. The defendant defenses that the above lawsuit costs claim expired by prescription. Thus, the defendant's decision to determine the above lawsuit costs was made on September 9, 2004.

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