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(영문) 서울중앙지방법원 2019.09.25 2019나3294

양수금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff succeeding intervenor KRW 20,603,683 and 5,580 among them.

Reasons

1. Facts of recognition;

A. The Defendant entered into a loan agreement with a creditor financial institution as listed below (hereinafter “instant loan agreement”) and received money from the creditor financial institution.

(hereinafter “instant loan”). D. D E

B. On May 13, 2005, the Plaintiff received the claim for the instant loan from the above creditor financial institutions, and on June 16, 2005, upon delegation by the above creditor financial institutions, notified the Defendant of the assignment of claim.

C. On October 15, 2008, the Plaintiff filed a lawsuit against the Defendant for the claim for the amount of the instant loan, and sought the payment of the instant loan claims. On October 15, 2008, the above court rendered a judgment to the Plaintiff to pay to the Defendant the amount calculated at the rate of 17% per annum from April 1, 2005 to the date of full payment, with respect to KRW 8,041,795 and KRW 5,580,87 among the Plaintiff’s claims, and the judgment became final and conclusive, and the interest details from September 6, 2018, which became final and conclusive by the above judgment, were the same.

same as the list in this subsection.

(However, after January 1, 2017, 15% of the annual interest rate claimed by the Plaintiff was calculated as the overdue interest rate).

On December 27, 2018, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff, which became final and conclusive by the said judgment, and around September 9, 2019, notice of the assignment of claims to the Defendant was issued.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay delay damages calculated at the rate of 15% per annum from September 7, 2018 to the date of full payment for KRW 20,603,683 and KRW 5,580,887 among them to the Intervenor succeeding to the Plaintiff, who is the final transferee of the claim of the instant loan, barring special circumstances.

B. As to the Defendant’s assertion, the Defendant notified that the instant loan was offset and terminated by the lending institution.