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(영문) 수원지방법원 2016.01.14 2015나13116
양수금
Text

1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Facts of recognition;

A. The Defendant received a loan of KRW 8,00,000,000 on May 2, 2008, by setting the rate of 23.9% per annum, and on May 1, 2011, via the card publication theory of the National Card Co., Ltd. (hereinafter “National Card”).

(hereinafter “instant loan”). (b)

On June 21, 2013, the National Card entered into a bond acquisition agreement with the Plaintiff, and transferred the claim against the Defendant, 5,55,58 won in the balance of the instant loan to the Defendant, and its interest funds. On February 23, 2015, the National Card notified the Defendant thereof.

C. The principal and interest of this case against the Plaintiff is KRW 5,55,58 as of July 13, 2014 and KRW 1,550,282 as of this case’s principal and interest of this case’s principal and interest of KRW 7,105,840.

From July 29, 2015 to October 28 of the same year, the Defendant repaid 335,847 won to the Plaintiff out of the principal of the instant loan.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal and interest of the instant loan KRW 6,769,993 (= Principal KRW 5,219,711 plus KRW 1,550,282) and, among them, KRW 5,219,71, which is the day following the last calculation date of interest, to the day of full payment, delay damages calculated at the rate of 17% per annum, which is the day after July 14, 2014 to the day of full payment.

B. The defendant's argument regarding the defendant's assertion is alleged to have used the loan of this case by the defendant, not the defendant, but the defendant's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified, and the decision of the court of first instance which concluded as a result of the reduction of claim in the party trial is legitimate, and the defendant's appeal is dismissed as it is without merit.

However, Article 1 (1) of the decision of the court of first instance is in accordance with Article 3 (3) of the decision by reduction of the plaintiff's claim.

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