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(영문) 서울중앙지방법원 2019.02.01 2018나36112
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 May 23, 2001, the Defendant borrowed 4,000,000 won from C Co., Ltd. at an annual interest rate of 24%, 29% per annum, 24% per annum, and 24 months during the lending period (hereinafter “the instant claim”), and lost the benefit of time due to delayed repayment of the loan (hereinafter “the instant claim”).

B. C Co., Ltd. transferred the instant claim to the Korea Asset Management Corporation on November 21, 2002, and at that time notified the Defendant of the assignment of claim.

C. As of November 22, 2002, the instant claim amounting to KRW 3,869,813 as principal, overdue interest and damages for delay, plus KRW 5,564,252.

The Korea Asset Management Corporation filed a lawsuit against the defendant on July 21, 2006 against the defendant for the claim for the amount of 17,722,381 won and 3,869,813 won with the Korea Asset Management Corporation on October 30, 2006, with the rate of 24% per annum from November 22, 2002 to January 7, 2007, 200% per annum from the following day to the date of complete payment, 30% per annum from March 31, 2003 to January 7, 2007, 30% per annum from the following day to the date of complete payment, 30% per annum from the day of complete payment, and 20% per annum from the day after January 7, 2007 to 30% per annum, 40% per annum from the day of complete payment, 30% per annum from the day of complete payment, 30% per annum to the day of complete payment.

E. On September 18, 2012, the Korea Asset Management Corporation transferred the instant claim to the Plaintiff. On September 28, 2012, the Plaintiff notified the Defendant of the assignment of the said claim by content-certified mail.

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

2. The argument and judgment.

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