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(영문) 서울동부지방법원 2014.08.22 2014가단105883
양수금
Text

1. The Defendant’s interest rate of KRW 10,708,775 and KRW 6,215,208 among the Plaintiff shall be from January 9, 201 to the date of full payment.

Reasons

Plaintiff’s assertion

The plaintiff asserts as the cause of the claim of this case, as shown in the attached Form.

Judgment

In full view of the respective statements and arguments, Hyundai Capital Co., Ltd. entered into a credit loan agreement with the Defendant on January 11, 2008 and set the amount of KRW 9 million to 38.9% per annum until January 25, 2011. The Defendant, as of January 8, 2011, did not repay the remaining principal and interest of KRW 10,708,775 (i.e., the remaining principal and interest of KRW 6,215,208,208, interest and delay damages plus KRW 4,493,567). Hyundai Capital Co., Ltd., Ltd., on July 1, 2010, can be recognized that the Plaintiff transferred the above principal and interest of the Defendant and notified the Defendant of the transfer of the above fact on December 3, 201. According to the above facts, according to the Defendant’s obligation to seek damages for delay within the rate of KRW 10,708,710 and interest rate of KRW 107.75% per annum

The Plaintiff asserted that the Plaintiff acquired KRW 9,170,461 from the SP Savings Bank Co., Ltd. to the Defendant, and sought the payment of the said transfer money. However, it is insufficient to acknowledge that the Plaintiff concluded a monetary loan loan contract between the SP Savings Bank and the Defendant solely on the basis of each description described in Articles 3-1 and 3-2, and there is no other evidence to prove otherwise, the above part of the claim is not acceptable.

The Plaintiff asserts that he acquired a loan from the Gag Capital Co., Ltd. to the Defendant and claimed the payment of the above transfer money. However, there is no evidence to prove that the Gag Capital Co., Ltd. notified the Defendant of the transfer of the claim. Thus, even if the above transfer of claim was made, the Plaintiff cannot set up against the Defendant.

Therefore, the plaintiff's above claim cannot be accepted.

The Plaintiff is a case loan.

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