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(영문) 서울서부지방법원 2018.10.12 2018가단206212
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate of KRW 19% per annum from October 1, 2004 to the date of full payment.

Reasons

1. Facts recognized;

A. Defendant B Co., Ltd. (hereinafter the Defendant Co., Ltd) was loaned from D (Co., Ltd. before the merger: E).

B. Defendant C guaranteed the above loan.

C. F Co., Ltd. filed a lawsuit against the Defendants at the Seoul Central District Court against the Seoul Central District Court (2007da438964) and received the judgment of the same order as that of the Disposition No. 1, and this judgment became final and conclusive on February 15, 2008.

On April 26, 2011, the Plaintiff received from F Co., Ltd. the claims for loans such as those described in the above paragraph (a) and (b), which serve as the basis of the said judgment, again, and F Co., Ltd. notified the Defendants of the transfer by mail.

E. The Plaintiff filed the instant lawsuit on December 20, 2017, before ten years elapse from the extinctive prescription period of the final and conclusive judgment rendered above, to interrupt the extinctive prescription period.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The instant lawsuit is permissible since there is no other appropriate method for the interruption of extinctive prescription.

B. In light of the above facts, the Defendant is obligated to pay the Plaintiff the amount of money transferred to the Plaintiff as stated in Paragraph (1) of this Article.

3. Judgment on the defendant's dispute

A. As to the dispute in which no notification of transfer has been received, the legal principle’s notification of transfer of claim is interpreted to mean that the transferor (former creditor) has transferred the claim to the obligor to the assignee (new creditor) and that the notification takes effect upon the arrival of the obligor, and that the arrival refers to the situation in which the obligor is recognized as known by social norms. As such, the notification of transfer of claim in the procedure of the case refers to the submission of documentary evidence and its adoption as evidence.

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