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(영문) 서울북부지방법원 2014.12.19 2014나21494

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 16,079,186 and KRW 6,330,88 among the Plaintiff and the Plaintiff’s KRW 6,388 on September 24, 2013.

Reasons

1. On October 20, 2009, the non-company, non-company, etc. transferred the claim amounting to KRW 4,839,762 (the subject of the loan: general fund loan; hereinafter referred to as "the first claim of this case") held against the Defendant to the non-company 3 Savings Bank, Inc. (the former trade name before the change: Hyundai Switzerland Mutual Savings Bank) on October 20, 209. On December 28, 201, the non-company 3 Savings Bank transferred the first claim of this case to the Plaintiff (the credit recovery fund of the former trade name before the change) on December 28, 201, and notified the Defendant of the assignment of the claim regarding each of the above credit transfer and takeover contracts.

(2) On December 29, 2006, Foreign Exchange Bank Co., Ltd. transferred the claim amounting to 691,126 won (credit card: credit card of this case; hereinafter “instant claim 2”) that it had against the Defendant to the social company of the Eastyang Korea, and on November 1, 2010, transferred the instant claim No. 2 to the Tynam Loan Co., Ltd.; on June 29, 2012, Tynam Loan Co., Ltd transferred the instant claim No. 2 to the Plaintiff; and on June 29, 2012, the instant claim No. 2 was transferred to the Defendant, and each of the above claim transfer and takeover contracts was notified to the Defendant.

(3) On June 28, 2013, a lot card company transferred the Plaintiff’s claim amounting to KRW 800,000 (the subject of loan: credit card; hereinafter “third claim of this case”) that it had against the Defendant. The notice of assignment of claim regarding the above credit transfer and takeover contract was given to the Defendant.

(4) As of September 23, 2013, the instant claim No. 1 remains KRW 11,785,790 (= Principal KRW 4,839,762 KRW 6,946,028); and the instant claim No. 2 KRW 1,558,06 (= Principal KRW 691,126 KRW 86,80); and the instant claim No. 3 remains at KRW 2,735,390 ( Principal KRW 800,000 KRW 1,936,390). The overdue interest rate set by the Plaintiff is KRW 17% per annum; and this is within the scope of the overdue interest rate set forth in the instant claim No. 1 or 3.

[Ground of recognition] A. 1, 2, A. 3-1, 2, and 3.