logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.18 2016나42182
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 117,759.

Reasons

1. Facts of recognition;

A. Each credit transaction agreement 1) C Co., Ltd. (hereinafter “C”);

As of March 8, 2007, the Bank Transaction Credit Agreement (hereinafter referred to as the “Agreement”) recognizes that the Bank Transaction Credit Basic Terms apply with the Defendant and determines a credit transaction agreement with the Bank at the interest rate fixed by the Bank within the limit of 21 per annum (hereinafter referred to as “First Agreement”) within the limit of 50,000,000 won in general loans of credit subjects, credit amounts to 50,000,000 won in credit extension period expiration date.

(2) On March 8, 2003, D Co., Ltd. (hereinafter “D”) entered into a credit transaction agreement with the Defendant, recognizing that the basic terms and conditions of bank credit transaction apply, and entering into a credit transaction agreement with the company’s comprehensive passbook loan in the credit department, the credit limit amount of KRW 150,000,000, and the credit maturity date of May 4, 2004, with 17% per annum (hereinafter “second agreement”).

B. On June 28, 2013, C and D transferred claims pursuant to Articles 1 and 2 to the Plaintiff, respectively, and granted the power of representation regarding the notification of the transfer of claims. 2) On March 31, 2014, the Plaintiff sent the notice of the transfer of claims (Evidence 3-2) to the Plaintiff by content-certified mail on behalf of C and D.

The above notice of assignment of claims reached the Defendant on July 9, 2014.

3) On January 26, 2018, the Plaintiff transferred the claim under Articles 1 and 2 to the Intervenor succeeding to the Plaintiff, and the Plaintiff’s Intervenor was delegated with the authority to notify the assignment of the claim from the Plaintiff on the same day, and notified the Defendant of the notification of the assignment of the claim, and then notified the Defendant of the notification at that time. (C) The Defendant delayed the payment of the principal and interest pursuant to Article 1, and the Defendant did not pay the principal and interest within the maximum of 21% per annum of the maximum overdue interest rate prescribed in Article 1, and the sum of the principal and interest unpaid calculated at the rate of 17% per annum as of March 20, 2014 (= Principal KRW 33,326,062, 29,466,064).

2. In addition, the defendant did not pay the principal and interest under the second agreement, and pursuant to the overdue interest rate of 17% as stipulated in the second agreement.

arrow