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(영문) 서울중앙지방법원 2018.04.11 2017나50036
양수금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. The following facts can be acknowledged in light of the following facts: Gap evidence Nos. 1, 2, 4, and 8; Gap evidence Nos. 3-1 to 3; the response to each order issued by the court to submit each financial transaction to the new bank to the new bank Co., Ltd.; and the purport of the whole arguments and arguments against the Chairperson of the Credit Counseling and Recovery Commission.

On March 29, 2002, Choung Bank Co., Ltd. (hereinafter “New Bank”) merged new bank on April 1, 2006, and changed its trade name to a new bank on the same day; hereinafter “New Bank” regardless of a merger or a change in trade name; hereinafter, “New Bank”) leased KRW 10,00,000 to the Defendant on March 29, 200 W+3.5% per annum, delay damages rate of 19% per annum, and March 29, 2003 on the expiration date of the lending period. Upon the Defendant’s application for credit recovery support, the Defendant entered into a replacement loan agreement of KRW 10,359,58 on February 4, 2005.

The Defendant repaid the principal of the loan of KRW 5,301,50,06 in total from May 11, 2005, and March 14, 2006 to February 16, 201, and the application for credit recovery support was invalidated as of November 4, 201.

On June 28, 2013, the New Bank transferred the above loan claims against the Defendant to the Plaintiff.

B. On March 31, 2010, Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) established and lent KRW 5,000,000 to the Defendant at interest rate of 24% per annum, interest rate of 34% per annum, and interest period of 12 months.

On June 28, 2013, Hansung Mutual Savings Bank transferred the above loan claims against the Defendant to the Plaintiff.

C. On June 23, 2014, the Plaintiff was delegated with the notification authority of each assignment of claims by the new bank and the Hansung Mutual Savings Bank, and notified the Defendant of the above assignment of claims. D.

As of December 12, 2015, the principal amount of the loans related to the new bank is KRW 4,976,925, overdue interest is KRW 12,372,093, the principal amount of the loans related to the Hansung Mutual Savings Bank is KRW 5,194,917, and overdue interest is KRW 5,08,314.

E. Meanwhile, the scope of overdue interest rate on the purchased bonds.

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