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(영문) 부산지방법원 2016.10.21 2016나6658

양수금

Text

1. The judgment of the first instance, including the succession participation of the Plaintiff’s successor at the trial, shall be amended as follows:

Reasons

1. Facts of recognition;

A. On March 3, 2003, the Defendant agreed on March 3, 2003 to repay 4 million won in equal installments of the principal and interest amount each month from the Hansung Bank (the trade name was changed to the Korea SPS Bank, the Korea SPS Bank, and the Korea SPS Bank; hereinafter referred to as the “Japan Bank”); the repayment date was set on March 3, 2006; the interest rate was 16.9%; and the repayment method was to be repaid in equal installments of the principal and interest amount each month from the date of loan execution.

(hereinafter “instant loan”). (b)

On November 9, 2004, Japan Bank transferred its claim for the loan of this case to the Plaintiff, notified the Defendant of the assignment of claim on February 22, 2005, and around that time, the above notification reached the Defendant.

C. On November 1, 2010, the Plaintiff transferred the claim for the instant loan to the Intervenor. On January 6, 2012, the intervenor, who was delegated with the power to notify the transfer by the Plaintiff, notified the Defendant of the assignment of the claim, and around that time, the said notification was delivered to the Defendant.

The principal and interest of the instant loan is KRW 3,604,928 as of May 23, 2007, and the principal is KRW 2,359,598.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3 (including provisional number), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the intervenors the amount of KRW 3,604,928 of the principal and interest of the instant loan and KRW 2,359,59 of the principal of the instant loan and KRW 2,359,598 of the principal of the instant loan from May 24, 2007 following the service day of a copy of the instant complaint until September 30, 2015, the statutory interest rate of Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) is 20% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015

On the other hand, as seen above, the Plaintiff claims for the instant loan to the Intervenor.