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(영문) 의정부지방법원 2016.12.16 2016나54385
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

Facts of recognition

On December 11, 2001, the Bank for interest, Co., Ltd. (hereinafter “Mediation Bank”) granted a loan of KRW 10,000,000 to the Defendant on December 11, 2002, which was extended by December 11, 2006.

(hereinafter “instant First Loan”). A National Bank Co., Ltd. (hereinafter “National Bank”) loaned KRW 30,000,000 to the Defendant on March 19, 2002, and subsequently granted a loan by setting the amount of KRW 25,000,000 at the rate of overdue interest per annum 21% per annum and September 19, 2004 due to an additional arrangement (limit reduction).

(2) On July 4, 2005, the Plaintiff transferred the claim for the instant loan No. 1 to Hyundai Swiss Mutual Savings Bank Co., Ltd. (hereinafter “Mosp Savings Bank”) on September 8, 2010, and on September 2, 2013, the Plaintiff notified the Defendant of the assignment of the claim on July 15, 2005.

On December 10, 2010, the savings bank transferred the claim for the loan No. 1 of this case to the Plaintiff, and the Plaintiff was delegated with the notification authority on the assignment of claims and notified the Defendant of the fact of the assignment of claims on or before May 4, 201.

On April 10, 2009, the National Bank transferred the claim for the loans of this case No. 2 to the Plaintiff, and the Plaintiff was delegated with the notification authority concerning the assignment of claims and notified the Defendant of the fact of assignment of claims on or before December 2, 2009.

As of August 17, 2014, the principal and interest of the instant loan No. 1 remains 21,974,385 won (i.e., principal interest of KRW 4,90,00 in overdue interest of KRW 3,167,682), and the principal and interest of the instant loan No. 2 in KRW 18,136,931 (= Principal interest of KRW 9,396,831 in overdue interest of KRW 17,074,385).

According to Article 11(1) of the Regulations on the Management of Entrusted Bonds with Credit Counseling and Recovery Fund, the overdue interest rate shall be 17% per annum after the date of asset determination, and the overdue interest from the day after the date of asset determination shall be applied, but the electronic data submitted by the credit financial company

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