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(영문) 서울남부지방법원 2016.02.16 2015나56746

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. From the judgment of the court of first instance, the plaintiff sought payment of loan claims that the plaintiff acquired from Hyundai Capital Co., Ltd. (hereinafter referred to as "Modern Capital") and Han Bank (hereinafter referred to as " Han Bank"). The court of first instance accepted the plaintiff's claim on the loan claims that the plaintiff acquired from Hyundai Capital, and the loan claims that the court of first instance acquired from Han Bank (i) principal amount of KRW 28,695,315 as of May 31, 2013 and overdue interest of KRW 26,761,946 as of February 22, 2007; (ii) principal amount of KRW 4,059,00 as of May 31, 2013; (iii) overdue interest of KRW 3,486,522 as of March 9, 2009; and (iv) overdue interest of KRW 3,481 as of May 31, 2013; and (v) principal and overdue interest of KRW 2013,5.201.

As a result, this Court appealed against the part against the plaintiff only, the subject of this Court's adjudication is limited to the claim of the above six loans that the plaintiff acquired from the Han Bank.

2. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap evidence Nos. 1 through 3, Gap evidence Nos. 4-2, and Gap evidence Nos. 5-1, one bank loaned KRW 220,00,000 to the defendant on February 22, 2007. The plaintiff acquired the above loan claims against the defendant from one bank on June 28, 2013, and notified the defendant of the assignment of claims on June 23, 2014 upon delegation of the power to notify the transfer from one bank, and as of May 31, 2013, the above principal and interest of the principal were 28,695,315 won, overdue interest was 26,761,946 won, total of KRW 5,457,261, interest interest rate was 17% per annum as determined by the plaintiff.