logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.12.24 2019나36637
양수금
Text

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

The defendant shall pay KRW 1,131,592 to the plaintiff.

2...

Reasons

1. In the first instance trial, the Plaintiff filed a claim for overdue interest of KRW 11,460,684 (the remaining interest of KRW 1,131,59,437 until June 18, 2014 at the time when the Plaintiff transferred principal 3,96,437) and the remaining interest of KRW 3,96,437 of the principal of the loan that the Plaintiff acquired from July 11, 2018 (the remaining interest of KRW 6,332,655 after the transfer from June 19, 2014 to July 10, 2018). However, the first instance court dismissed the Plaintiff’s claim for overdue interest of KRW 1,131,592 as of June 18, 2014, with the exception of the above claim for interest of KRW 1,592, the remaining interest of KRW 131,592 as of June 18, 2014 and ruled against the Plaintiff.

2. Basic facts

A. On July 29, 2013, the Defendant entered into a loan transaction agreement with the Dispute Resolution Co., Ltd. and received a loan of KRW 4 million from the Dispute Resolution Co., Ltd.

(hereinafter "Amount of loan in this case"): 36 months from the date of loan: Interest rate of 39% per annum (39% per annum on a deferred interest rate): Amount of loan x agreed interest rate x the number of days elapsed/365

B. On April 2, 2014, the Dispute Resolution Co., Ltd transferred the instant loan claim, interest incidental thereto, delay damages claim, etc. to the Dispute Resolution Co., Ltd., and sent a notice of assignment to the Defendant by content-certified mail on April 2, 2014.

C. The remainder of the principal as of June 18, 2014 of the instant loan claim is KRW 3,996,437, and the remainder interest is KRW 1,131,592.

On June 19, 2014, the Dispute Resolution Co., Ltd entered into an asset transfer agreement with the Plaintiff to transfer the instant loan claim (as of June 18, 2014 on the date when the subject claim becomes final and conclusive) to the Plaintiff. On July 18, 2014, the notice of the transfer of the credit was sent to the Defendant by content-certified mail, and the notice of the transfer of the credit sent to the Defendant is written with the following contents.

D (Transferr) A.D. has against you:

arrow