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(영문) 부산지방법원 2020.12.02 2020나40693

양수금

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The judgment of the first instance shall be revoked.

The defendant shall start on January 18, 2019 with respect to KRW 10,302,873 and KRW 4,328,529 among the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant concluded a loan agreement with B around December 2009, and around June 2010, with C and D Co., Ltd., and around October 2010, with D Co., Ltd. (hereinafter referred to as “each of the instant loans”) and lost the benefit of time due to the Defendant’s failure to repay each of the instant loans according to the agreement.

B. D Co., Ltd.: (a) on June 27, 2012, E Co., Ltd. (former FF Co., Ltd) the Defendant.

Around that time, the claims were transferred, and the notice of assignment of claims was sent to the Defendant by content-certified mail.

C (former G Co., Ltd.) on September 28, 2012, H Co., Ltd. (former G Co., Ltd.) is the defendant against H Co., Ltd.

On October 9, 2012, a notice of assignment of claims was sent to the Defendant by content-certified mail.

After that, on June 2013, each of the above financial institutions transferred each of the instant loans to I Co., Ltd. (hereinafter “I”) and sent a written notice of assignment of claims to the Defendant by content-certified mail on June 23, 2014, and I transferred each of the instant loans to the Plaintiff on January 26, 2018, and sent the written notice of assignment of claims to the Defendant by content-certified mail on April 19, 2018.

C. As of January 17, 2019, the remaining details of principal and interest of each of the instant loans as of January 17, 201 are as follows, and the overdue interest rate on the remaining principal and interest is 15% per annum.

B H F [Grounds for recognition] Each entry of Gap evidence 1 to 10 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 10,302,873 of the principal and interest of each of the loans of this case and KRW 4,328,529, the damages for delay calculated by the rate of 15% per annum, which is the interest rate, from January 18, 2019 to the date of full payment.

B. The Defendant’s assertion regarding the Defendant’s assertion is one of the Defendant’s respective loans of this case.