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(영문) 서울북부지방법원 2015.04.24 2014나21951
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 7,773,173 and KRW 5,005,122 among the Plaintiff and the Plaintiff’s KRW 14,01.

Reasons

1. Facts of recognition;

A. On June 19, 2001, the Defendant borrowed KRW 5,000,00 as a general loan from the North Korean community credit cooperatives (hereinafter “Seoul community credit cooperatives”) on a loan of KRW 5,00,00 from the North Korean community credit cooperatives. (2) The North Korean community credit cooperatives transferred the above loan to the Plaintiff on June 28, 2013, and thereafter notified the Defendant of the transfer of the above loan claims.

B. The overdue interest rate determined by the Plaintiff (1) is 17% per annum from the date following the date when the assets of the above loan claim are finalized ( May 31, 2013) to the date of full payment. 3) The Defendant’s principal of the loan is KRW 5,005,122, which is added to penalty as of January 13, 2014, and the sum of the accrued interest from the loan to January 12, 2014 is KRW 2,728,051.

[Reasons for Recognition] The entry of Gap's evidence Nos. 1 and 5, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the claim, a delay in payment calculated at the rate of 17% per annum, which is the overdue interest rate, from January 14, 2014 to the day of full payment, to the day of full payment, as to the principal of KRW 7,773,173 (the principal of KRW 5,005,122 (the total sum of the principal of KRW 2,728,051) and the principal of KRW 5,005,122.

3. If so, the plaintiff's claim should be accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, so the judgment of the court of first instance shall be revoked and the order to pay the above money shall be issued as per Disposition.

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