logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.20 2015나52779
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The Defendant’s KRW 12,026,737 and 3,800 among the Plaintiff.

Reasons

1. The Plaintiff sought payment from the Samsung Bio-resources and SBI Savings Bank for the claim against the Defendant. The first instance court dismissed the claim as to the claim that the Defendant acquired from Samsung Bio-resources, and the claim as to the claim that the Defendant acquired from the SBI Savings Bank.

Since the plaintiff appealed against this, the object of the judgment of this court is limited to the claim concerning the loan claim which is the principal amount of KRW 3,800,000 and the attempted interest amount of KRW 8,226,737, which is the claim that the court of first instance acquired from the SBI Savings Bank that was dismissed.

2. Determination as to the cause of action

A. The facts of recognition 1) On June 25, 2003, the Defendant obtained the loan (credit card loan) by setting the payment period of KRW 3,800,000 from the payment bank at 10.96% on June 25, 2004 and the interest rate of KRW 25% on a yearly interest rate. (2) On March 15, 2005, the payment bank transferred the above loan claim against the Defendant to the SBI Savings Bank (the trade name before the change: Hyundai Swiss Mutual Savings Bank) and notified the Defendant of the assignment of the above credit on July 15, 2005.

3) On June 21, 2013, SBI Savings Bank again transferred the above loan claims to the Plaintiff on or before June 21, 2013. Upon delegation from the Solomon Savings Bank, the Plaintiff notified the Defendant of the assignment of claims at that time. On the other hand, on February 12, 2015, the total sum of the principal and interest of the above loan claims as of February 12, 2015 is KRW 12,026,737 (i.e., principal amount of KRW 3,80,000, KRW 8,226,737). The interest interest rate prescribed by the Plaintiff’s business regulations within the agreed interest rate for purchase claims

[Ground of recognition] Evidence Nos. 2-2, Evidence Nos. 3 through 6, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the sum total of KRW 12,026,737 and the principal amount of KRW 3,800,000,00 from February 13, 2015 to the day of complete payment, 17% per annum, which is the day following the above calculation base date.

3. Thus, the plaintiff's claim is justified.

arrow