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(영문) 서울남부지방법원 2017.08.11 2017가합101523
양수금
Text

1. The defendant shall pay to the plaintiff KRW 414,862,204 and the amount of KRW 286,763,10 among them to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 14, 201, the direct community credit cooperative established a loan to the Defendant on June 14, 201; interest is calculated by the changed rate under Article 3(2)2 of the General Terms and Conditions for Credit Savings Depository Credit Transactions; interest is calculated by the changed rate under Article 3(5) of the said Terms and Conditions; damages for delay is calculated by the rate of 23% per annum; and the due date is determined and lent on June 14, 2013.

(hereinafter “The instant loan credit”). (b)

On February 12, 2013, the Direct Saemaul Savings Depository concluded a contract with the Korea Federation of Community Credit Cooperatives to transfer the principal and interest of the instant loan (the principal amount of KRW 34,309,294, total of KRW 444,309,294) against the Defendant as of the said date, and delegated the authority to notify the transfer of the principal and interest of the instant loan claim (hereinafter “the primary assignment of claims”) to the Korea Federation of Community Credit Cooperatives (hereinafter “the primary assignment of claims”). (c) Upon entering into a contract with the Plaintiff on August 7, 2015, the Korea Community Credit Savings Depository delegated the authority to notify the Plaintiff of the transfer of the principal and interest of the instant loan claim (the principal amount of KRW 286,763,100 and the principal and interest of KRW 128,09,104, total of KRW 414,862,204).

The Defendant, on June 13, 2017, was served on the Defendant by public notice, on June 14, 2017, stating that “The Defendant would pay the amount of the instant loan to the Plaintiff, as the Defendant transferred the instant loan claims to the Korea Community Credit Cooperatives Federation, and the Korea Community Credit Cooperatives Federation again transferred the instant loan claims to the Plaintiff.”

(See Article 113 of the Civil Act). [See Article 113 of the Civil Act] A without dispute; entry of Gap evidence 1 through 5; substantial facts in this court; purport of the whole pleadings.

2. Accordingly, the Defendant, who is the transferee of the instant loan claim, shall either the above 414,862,204 won among the principal and interest of the instant loan claim to the Plaintiff, and the principal of 286,763,100 won, which the Plaintiff seeks, shall also be deemed the first assignment and the second assignment of claims.

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