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(영문) 춘천지방법원강릉지원 2015.11.17 2015나5344

양수금

Text

The judgment of the first instance shall be revoked.

2. The Defendant’s KRW 21,743,358 among the Plaintiff and KRW 7,712,284 among the Plaintiff, as to April 9, 2014.

Reasons

1. Facts of recognition;

A. On April 6, 2002, the Defendant borrowed 15,000,000 won from the Industrial Bank of Korea at an interest rate of 17% and the due date of payment on June 30, 2004.

(hereinafter referred to as “instant loan,” and accordingly, the Bank’s credit (hereinafter referred to as “instant loan credit”) b.

On April 20, 2004, the KB Partners Co., Ltd. acquired the instant loan claims against the Defendant from the Industrial Bank of Korea, and on June 7, 2004, the NB Partners Co., Ltd. acquired the instant loan claims against the Defendant from the KB Partners Co., Ltd., Ltd., and notified the Defendant of the instant loan claims under Article 7(1) of the Asset-Backed Securitization Act on July 9, 2004, and the said assignment of claims reached the Defendant around that time.

C. On November 1, 2010, Tyman Loan Co., Ltd. acquired the instant loan claim from the social company of the Eastyang (a mutual loan company of the Eastyang Korea: a mutual loan company of the Eastyang Korea) on November 1, 201, and notified the Defendant of this case on November 10, 2010, pursuant to Article 7(1) of the Asset-Backed Securitization Act, and the said notification of assignment of claim reached the Defendant around that time.

On July 31, 2012, the Plaintiff (the former trade name: the Credit Counseling and Recovery Fund; hereinafter referred to as the “Plaintiff”) acquired the instant loan claim from Tyman Loan Co., Ltd., and notified the Defendant thereof on December 14, 2012, pursuant to Article 7(1) of the Asset-Backed Securitization Act, and the said notification of assignment of claims reached the Defendant around that time.

E. The instant loan claims amounting to KRW 21,743,358 (i.e., KRW 7,712,284) plus KRW 14,031,074 (i.e., KRW 7,712,284) as of April 8, 2014, including the principal amount of KRW 7,712,284,031,074).

[Ground of recognition] 1 to 6 evidence Nos. 1 and 6 (including paper numbers), the fact-finding results to the Bank of Korea of this Court, the purport of the whole pleadings

2. As seen earlier, the Defendant received the instant loan from the Industrial Bank of Korea, as seen earlier.