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(영문) 부산지방법원동부지원 2016.11.30 2016가단211530

양수금

Text

1. The defendant shall pay to the plaintiff KRW 92,30,545 and the amount of KRW 18,579,479 from June 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 31, 2003, the Plaintiff received the claim against the Defendant from EL card Co., Ltd. and Hyundai Capital Co., Ltd.

B. The above A.

The EL Card Co., Ltd and Hyundai Capital Co., Ltd. are the defendant around the date of the transfer of the port.

The assignment of claims in each paragraph was notified.

C. The plaintiff thereafter against the defendant.

The Seoul Central District Court filed an application with the Seoul Central District Court for a payment order stating that "the defendant shall pay to the plaintiff 41,252,160 won and 1,950,000 won with 29% interest per annum from August 11, 2006 to the date of full payment, 18,579,479 won with 25% interest per annum from August 11, 2006 to the date of full payment." The above payment order was finalized on October 10, 2006 because the defendant did not raise any objection despite being served with the above payment order.

As of May 31, 2016, as of May 31, 2016, the principal and interest of the instant amount transferred are as follows:

The purport of the entire pleadings and arguments as follows: (a) the interest accrued from August 11, 2006 to May 31, 201, 2016 from the date the principal of the loan was accrued to August 10, 2006 (the original) and the sum of the accrued interest (the original) from August 11, 2006 to May 31, 2016; (b) the 18,579,479,46,418,547,643 92,345,345, 102, 25% per annum 25% per annum 25% per annum 1,950,000 2,756,2635,265,290 per annum 29% per annum

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to pay the amount stated in the claim to the plaintiff who acquired the claim from EL Card Co., Ltd. and Hyundai Capital Co., Ltd., as requested by the plaintiff, and on the other hand, the lawsuit of this case raised for the purpose of extension of prescription due to the lapse of the statute of limitations after the expiration of the payment order for the claim of this case

B. Judgment on the Defendant’s assertion