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(영문) 서울서부지방법원 2015.08.21 2015가단214625
양수금
Text

1. The Defendant’s interest rate of KRW 63,548,618 and KRW 22,047,90 among the Plaintiff shall be from January 28, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. Samsung Card Co., Ltd. filed with the Defendant a payment order of KRW 22,390,191 (cash service amounting to KRW 3,00,000, KRW 4,997,00, KRW 4,97,000, KRW 14,050, KRW 223,452, KRW 118,839, and KRW 22,047,90, and KRW 228% per annum from January 21, 2005 to the day of full payment, and the payment order was finalized on March 10, 205.

(hereinafter “instant claim”). (b)

Samsung Card Co., Ltd. transferred the instant claim to Solomon Mutual Savings Bank on December 20, 2005, and around February 6, 2006, sent a notice of assignment to the Defendant with his domicile as Busan Suwon-gu B.

C. On May 6, 2011, Solomon Mutual Savings Bank transferred the instant claim to the Plaintiff, and around May 201, issued a notice of assignment to the Defendant with his domicile as Busan Ho-gu C.

As of January 27, 2015, the instant claim became the principal and interest of KRW 22,047,90 and interest of KRW 41,50,718 in total and KRW 63,548,618.

[Ground of recognition] The fact that there has been no dispute, entry of Gap 1 through 8, the purport of the whole pleadings (including the payment order of the Busan District Court Branch Branch 2005Da1716, Busan District Court Branch 2005Da1716)

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 63,548,618 of the principal and interest of the instant claim and KRW 22,047,90 among them, delay damages calculated at the rate of 18% per annum from January 28, 2015, which is the day following the date of final calculation of interest, to the day of full payment, as sought by the Plaintiff.

B. The Defendant’s assertion: (1) The Defendant’s claim of this case was completed on December 20, 2010 after five years from December 20, 2005 when the Solomon Savings Bank was transferred by Solomon Savings Bank; and (2) the Plaintiff’s claim of this case.

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