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(영문) 서울중앙지방법원 2016.12.16 2016나48104
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. Facts of recognition;

A. On January 30, 2012, the Future Savings Bank Co., Ltd. (hereinafter “BE Savings Bank”) loaned KRW 6,200,000 to the Defendant at an interest rate of KRW 27.375% per annum and due date of repayment on November 25, 2012 (hereinafter “instant loan”). The interest rate at the time of the instant loan was applied by adding the interest rate per overdue period to the agreed interest rate as follows; however, the maximum amount of 39% per annum shall be applied to the interest rate per annum, and the principal and interest payment shall be in arrears at least four times.

Where the period of arrears is less than three months: 8% overdue interest rate of not less than three months but less than six months: 12% of the agreed interest rate where the overdue interest rate of not less than 10% is at least six months:

B. The Defendant repaid the principal and interest of the instant loan by April 11, 2012, and thereafter did not repay the instant loan thereafter. As of April 11, 2012, the principal amount of the instant loan is KRW 4,816,847, and the interest on the instant loan accrued until October 7, 2015 is KRW 6,493,718 as listed below.

The overdue interest rate (%) interest rate for the number of days delayed (%) from April 12, 2012 to July 11, 2012, 35.375 (=27.375) 424,822 to October 12, 2012 (=27.375) 453,773, 2012 to October 11, 2012 (=27.3750) 453,773 on October 12, 2012 to October 12, 2015 (27.375.12),5,6139,615,6139, 6,493,718

C. On October 5, 2012, the future savings bank: (a) transferred the instant loan bonds to the friendly Savings Bank Co., Ltd.; and (b) the same month;

8. On May 29, 2014, the notice of the assignment of claims was given to the Defendant, and on May 29, 2014, the pro-Ba Savings Bank Co., Ltd. transferred the assignment to the NAEAF and the same year

6. On May 18, 2015, the notice of the assignment of claims was given to the Defendant, and on May 18, 2015, the Lao Liber Loan Co., Ltd. re-doed to the Plaintiff, and notified the Defendant of the assignment of claims on June 2, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 13, and the purport of the whole pleadings.

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