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(영문) 서울동부지방법원 2018.07.19 2018가단9631
양수금
Text

1. The defendant's KRW 3,00,000 and its amount shall be 5% per annum from June 11, 2002 to August 29, 2007 to the plaintiff.

Reasons

1. Indication of claim;

A. C on May 10, 2002, the repayment period of KRW 35,000,000 to the Defendant was determined and lent as one month from the date of the lending.

B. C on June 25, 2007, transferred the loan claims as stated in the preceding paragraph to the Plaintiff, and notified the Defendant of the fact of transfer on the same day.

C. On January 8, 2008, the Plaintiff filed a lawsuit against the Defendant for the payment of the claim that was acquired as above with the Seoul Central District Court Decision 2007Kadan276210, and sentenced that “the Defendant shall pay to the Plaintiff 33,00,000 won with 5% per annum from June 11, 2002 to August 29, 2007, and 20% per annum from the next day to the full payment date,” and the above judgment was finalized on April 11, 2008.

The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the assignee-payment claim established by the above Seoul Central District Court Decision 2007Kadan276210.

2. Applicable provisions of Acts: Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act (Judgment without holding any pleadings due to the submission of a written reply);

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