beta
(영문) 서울중앙지방법원 2014.12.11 2014가합558702

양수금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 327,528,412 and KRW 232,319,716 from July 8, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 31, 2005, the Defendant borrowed 100,000,000 from Han Bank Co., Ltd. (hereinafter “one Bank”) a loan with general household funds or other loans, from October 31, 2005 to October 31, 2009, interest rate of 1.98%, interest rate of 1.98%, and interest interest rate of 243,000,000 as a loan with installment repayment loan on December 20, 2010 to June 20, 2013, and the above loan interest rate of 17% as at the time of the agreement to obtain a loan pursuant to Article 3(5) of the Framework Act on Banking Transactions.

B. On December 26, 2011, the Han Bank transferred each of the above loans against the Defendant to Korea AF&A 24 securitization specialized company. On December 28, 201 of the same year, the Han Bank sent to the Defendant a notice of assignment of claims indicating the above assignment of claims by content-certified mail, and thereafter, sent such notice to the Defendant at that time.

C. Since then, on February 18, 2014, Korea EF&A specialized in the 24th securitization, transferred the above loan claims against the Defendant to the Plaintiff, and the same year.

3. 14. The notice of assignment of claims stating the above assignment of claims to the Defendant was sent by content-certified mail, and at that time the notice reached the Defendant.

As of June 10, 2014, the Defendant did not fully repay the above loan obligations, thereby resulting in a total of KRW 327,528,412 [1,617,793 [1,43,618 interest and interest on household general funds and other loans (i.e., the principal amount of KRW 31,617,793] (i.e., overdue interest or delay damages of KRW 22,43,618), and KRW 9,184,175] (i.e., overdue interest or delay damages of KRW 209,86,098 interest or delay damages of KRW 86,024,521].

[Reasons for Recognition] Evidence A 1, Evidence A 2-1, Evidence A 2-2, Evidence A 3-1, 2-2, Evidence A 4, and Evidence A 5, the purport of the whole pleadings

2. Accordingly, as to the Defendant of the Han Bank.