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(영문) 서울중앙지방법원 2020.10.20 2020가합532831
양수금
Text

The defendant shall pay to the plaintiff the amount of KRW 681,513,114 and the amount of KRW 228,315,958 from June 21, 2007 to the date of full payment.

Reasons

1. The following facts may be acknowledged in the absence of dispute between the parties, or in accordance with the purport of each description of evidence and whole pleadings as referred to in subparagraphs A and 1 through 3:

① On March 31, 2003, C Co., Ltd. (hereinafter “C Bank”) entered into a loan transaction agreement with the Defendant on a specified date as a general loan for the subject of loan, a loan amount of KRW 850 million, and a loan transaction agreement with the Defendant on March 31, 2004, and extended the said money to the Defendant.

② On June 21, 2007, the Defendant did not pay the above loans and agreed interest thereon, and partially repaid the loan, and the remaining principal of the loan was KRW 228,315,958, and the cumulative attempted interest amounted to KRW 453,197,156.

③ On February 17, 2009, C Bank filed a lawsuit with the Seoul Central District Court demanding payment of the above loan principal and interest to the Defendant, and on June 10, 2009, “the Defendant shall pay to C Bank 681,513,114 won (=228,315,958 won + 453,197,156 won + 228,315,958 won) and the said judgment became final and conclusive on June 30, 2009.”

④ Since then, C Bank (the trade name of the foregoing Company was changed to E Co., Ltd. on April 1, 2015, and the F Co., Ltd. on December 1, 2017, respectively; hereinafter “F”) delegated F the authority to notify the transfer of the principal, attempted interest, and claim to D Co., Ltd. (hereinafter “F”).

⑤ On September 13, 2012, F filed a lawsuit for granting the execution clause to the Defendant, who is the assignee of the foregoing claim, and is entitled to succeed to the execution clause to the said final judgment, and on January 29, 2013, the above court administrative officer, etc.: “The above court administrative officer, etc. grant the execution clause to F, the successor of C Bank, for compulsory execution against the Defendant.”

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