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(영문) 서울중앙지방법원 2017.04.28 2016나76222
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 4, 2003, the Defendant received a loan by setting the interest rate of KRW 13.2% per annum, interest rate of delay 16% per annum, and date of final redemption on March 4, 2005 (hereinafter “instant loan”).

B. On April 30, 2005, the Military Saemaul Bank of Korea filed a lawsuit seeking the payment of the loan of this case with the Jeonju District Court Branch of 2005da15597, and the court concluded the pleadings on January 24, 2006, and on the same day, the court rendered a judgment in favor of the plaintiff that "the defendant shall pay to the Military Saemaul Bank of Korea the interest of 6,084,180 won per annum 16% per annum from March 23, 2005 to the date of full payment" (hereinafter "previous judgment"), and the above judgment became final and conclusive on March 3, 2006.

C. The instant loan claim, the Gun Funeral Community Loan Co., Ltd. (the trade name before the change was made: IMC Loan Co., Ltd.; hereinafter referred to as IMC Loan Co., Ltd.) on December 22, 201, and IMC Loan from the time when the second term was made, 2012

7. 20. On November 26, 2013, 2013, TREL loan was transferred to KSS loan Co., Ltd.; KSS loan was transferred to KSS loan Co., Ltd. on July 31, 2015; KSS Asset Management loan was transferred to the Plaintiff on November 26, 2015; KSS Asset Management loan was transferred to the Plaintiff on November 26, 2015. The military head of the Saemaul Bank of Korea, IMS loan, and SES Investment notified the Defendant of the transfer of the relevant credit.

On November 24, 2015, the Plaintiff: (a) delegated the authority to send the notice of assignment of claims from the KELS loan, and (b) transferred the instant loan claims to the Plaintiff in sequential order, which was prepared by the KELS loan and the KCC Asset Management loan; (c) sent to the Plaintiff, at the time of the Defendant’s resident registration, the content-certified mail was returned to the Plaintiff as the closed door.

(e) on April 2016.

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