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(영문) 제주지방법원 2015.01.29 2014가합5131

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 120,669,885 out of KRW 653,721,283 and the said KRW 120,69,885 from November 22, 2013.

Reasons

1. Facts of recognition;

A. On April 25, 2001, the Defendant borrowed KRW 500 million from the Jeju Community Credit Union at the due date of payment on April 25, 2003; KRW 9.4% per annum; and KRW 29% per annum. On May 18, 2001, the Defendant borrowed KRW 300 million from the New Community Credit Union at the due date of payment on May 18, 2002; KRW 10.4% per annum; and KRW 20% per annum. On August 31, 2001, the Defendant borrowed KRW 10 million from the Jeju Community Credit Union at the Jeju Community Credit Union at the rate of KRW 30% per annum; KRW 1.9% per annum; KRW 17.9% per annum; KRW 17.35% per annum; KRW 108,000 per annum; KRW 837,2981; KRW 20837,197; and KRW 10637,297,3817.7.7.27.

B. On June 21, 2013, the Jeju Non-Public Credit Cooperative transferred each of the above loans to the Plaintiff on June 28, 2013, the new community credit cooperative, the new community credit cooperative, and the Jeju community credit cooperative, to the Plaintiff on June 28, 2013. The Plaintiff was delegated with the authority to notify the assignment of claims from each of the above financial institutions, and the Plaintiff sent the notice of the assignment of claims to the Defendant on December 31, 2013, and the

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the principal and interest of the loan to the plaintiff who received each loan claim from the Jeju National Credit Union, the New Saemaul Bank, and the Jeju Saemaul Bank, except in extenuating circumstances.

B. The defendant's assertion 1) The defendant asserts that the notification of the transfer of claims made by the plaintiff as the assignee is invalid, but since the plaintiff's notification of the transfer of claims is delegated by each financial institution, this part of the defendant's argument cannot be accepted. 2) The defendant, and the third party's credit union.