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(영문) 서울서부지방법원 2020.01.17 2019나35005

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. On November 9, 2007, the Defendant obtained a loan (hereinafter “the instant loan”) with the amount of KRW 2,000,000 from the financial business that completed authorization and permission or registration under the relevant Acts and subordinate statutes and from C Co., Ltd. (hereinafter “D”) which is a credit service provider (hereinafter “D”) on September 9, 2009, with the maturity of repayment set at 48.545% per annum, and with the interest rate and late damage rate set at 48.5% per annum.

B. 1) The Defendant lost the benefit of time after August 13, 2008, and D applied for a payment order against the Defendant on October 21, 2008 as Seoul Central District Court 2008Guj82818, and on October 31, 2008, the payment order stating that “the Defendant shall pay D money calculated at the rate of 48.5% per annum from September 22, 2008 to the day of full payment (hereinafter “instant payment order”).

(2) On January 30, 2009, the Defendant was directly served with the original copy of the instant payment order, and the said payment order was finalized on February 14, 2009 due to the failure to raise an objection.

C. D transferred the instant claim to E Co., Ltd. on January 12, 2011, and sent on May 22, 2012 a notice of assignment stating the purport of the assignment of claim to the Defendant by content-certified mail, and around that time, the said content-certified mail sent to the Defendant.

E Co., Ltd. transferred the instant bonds to the Plaintiff on September 11, 2017, and sent to the Defendant on October 10, 2017 a notice of assignment stating the purport of the assignment of claims by content-certified mail, and the above content-certified mail reached the Defendant around that time.

E. As of January 23, 2019, the sum of the principal and interest of the instant claims as of January 23, 2019 reaches KRW 12,301,91, including the principal amount of KRW 1,979,445.

[Ground of recognition] The defendant's body of the defendant's name in the above loan contract No. 1 and the letter of the defendant's name in the above loan contract No. 1 and the letter of the defendant's name in this court shall be viewed as the body