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(영문) 서울중앙지방법원 2016.08.25 2016가단5031179

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 49,669,520 as well as KRW 24,294,112 among them, from December 14, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 21, 2013, the Plaintiff received from each transferor agency’s respective assignment agencies’ claims against the Defendant. Meanwhile, as of December 13, 2015, the loan balance and overdue interest of each of the above claims are as listed below.

Serial Bank's loan balance interest of the transferring institution shall be KRW 4,491,00,00,00 KRW 5,590,314,00 KRW 20,00 KRW 4,491,00 KRW 10,152,404, 196 KRW 11,769,249, KRW 20,813,473,00 KRW 24,294,00 KRW 3,898,89,5,214,113,362 in total, 24,294,25,375,408,569,569,00 KRW 11,769,569,520,00 KRW 20,84,813,448,89.

B. On June 23, 2014, the Plaintiff was delegated with the notification authority on the assignment of claims by the said transfer agency, and notified the Defendant of the assignment of claims.

C. The Plaintiff’s overdue interest rate is 17% per annum as determined within the scope of the initial overdue interest rate set by the respective transferors.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, and Gap evidence 3-7, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 17% per annum from December 14, 2015 to the date of full payment, with respect to the amount of KRW 49,69,520 in total and the balance of the principal of the loan, 24,294,112 in excess of the principal of the loan.

B. The defendant's assertion that the defendant cannot respond to the plaintiff's claim since he was not notified of the assignment of claims regarding each of the above assignment of claims.

However, the fact that the Plaintiff was delegated with the notification authority of the assignment of claims by the above transfer agency and notified the Defendant of the assignment of claims on June 23, 2014 is as seen earlier, and even if the Defendant did not receive the notification of the assignment of claims at that time, the Plaintiff did not receive

Even if the purport of the notification of the Plaintiff’s assignment of claims is stated, a preparatory document dated June 29, 2016 to the Defendant on July 7, 2016.