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(영문) 서울중앙지방법원 2017.06.28 2016나60364
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 8, 2006, the Maritime Credit Union lent interest of KRW 20,000,000 to the Defendant 7.3% per annum, 20% per annum, and 20% per annum, and the expiration date of the loan period on February 8, 2008. On November 29, 2011, the Maritime Credit Union transferred the above loan claim against the Defendant to the Plaintiff (hereinafter “Plaintiff”) (hereinafter “Plaintiff”), regardless of whether it was before or after the mutual change.

B. On June 5, 2012, the Plaintiff delegated the notification authority from the Maritime Credit Union and notified the Defendant of the assignment of the above assignment by content-certified mail.

C. As of April 19, 2016, the balance of the principal of the loan claim as of April 19, 2016 is KRW 14,823,97, and overdue interest is KRW 14,352,427.

On the other hand, the overdue interest rate determined by the Plaintiff within the scope of the overdue interest rate on the purchased bonds is 17% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. Determination on this safety defense

A. The defendant asserts that the payment order of this case against the defendant is unlawful because the plaintiff's request for the payment of the above loan claim, which is the transfer money, was made in the above basic facts. Under the Civil Procedure Act, the demand procedure belongs to the exclusive jurisdiction of the district court in the location of the debtor's general forum. At the time of the application for the payment order of this case, the defendant had the address in Busan Shipping Daegu, and thus the competent court received the application for the payment order of this case to the Busan District Court, even though it was to be the Dong branch of Busan District Court. Thus, the lawsuit

Health expenses and demand procedures shall be subject to the exclusive jurisdiction of the district court in the location of the debtor's general forum, or of the competent court under Articles 7 through 9, 12 or 18 of the Civil Procedure Act (Article 463 of the Civil Procedure Act), and Article 8 of the Civil Procedure Act shall apply to a lawsuit concerning a property right.

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