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(영문) 서울중앙지방법원 2016.12.16 2016나54857
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. Basic facts

A. Busan District Court Decision 2005Gada297611, which held that "B and the defendant jointly pay 1,499,994 won and 20% interest per annum to Busan 2 Savings Bank from December 31, 2005 to the day of full payment." The above decision became final and conclusive on February 1, 2006, which held that "B and the defendant jointly pay 1,49,994 won and 1,40% interest per annum to Busan 2 Savings Bank."

B. On August 26, 2011, Busan District Savings Bank, which was under the business administration, transferred assets and liabilities, including the above claims, to the Plaintiff according to a decision on contract transfer by the Financial Services Commission, and publicly announced the transfer of claims on August 29, 201.

[Evidence] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence No. 2, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the plaintiff lawfully acquired the claim against the defendant and Eul of the Busan2 Savings Bank, and filed the lawsuit in this case for the interruption of extinctive prescription of the above claim. Thus, the defendant is jointly and severally liable with Eul to pay the plaintiff 1,49,994 won and damages for delay calculated at the rate of 20% per annum from December 31, 2005 to the date of full payment.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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