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(영문) 서울남부지방법원 2021.02.05 2019나2013
양수금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance No. 1 is based on the judgment of the court.

Reasons

1. Facts of recognition;

A. On May 2, 2007, Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) concluded a monetary consumption lending and lending contract with the Defendant (hereinafter “instant contract”) with a fixed amount of KRW 5,00,000,000, the lending period from May 2, 2007 to May 2, 2007, and the monthly payment agreement amount. The payment agreement amount is at least 140,000 won per month, and at the interest rate of KRW 65.7% per annum (hereinafter “the instant contract”). On the day, the Defendant paid KRW 5,00,000 to the Defendant.

B. The defendant last paid 50,000 won on April 8, 2008.

The instant contract was terminated on November 28, 2008 as the loss of benefit by the deadline, and the balance of the loans as of the date of termination is KRW 1,770,536.

(c)

On December 29, 2008, the non-party company transferred the above loan claims against the Defendant to the Plaintiff. The Plaintiff, upon delegation from the non-party company, notified the Defendant of the transfer of the claim by content-certified mail three times on June 23, 201, January 19, 2012, and June 5, 2012, but the above content-certified mail was not served to the Defendant because all of the addressees were unknown.

(d)

Accordingly, the Plaintiff filed the instant lawsuit on November 2, 2012, and the duplicate of the instant complaint was served on May 8, 2013 by means of public notice, and on October 31, 2012, the total amount of loans as of October 31, 2012 is KRW 4,180,016 [in calculating the interest rate of KRW 1,770,536 (annual interest rate of KRW 1,536 (annual interest rate of KRW 2,409,480) at the highest interest rate prescribed by the former Interest Restrictions Act within the scope of the agreed interest rate of KRW 2,409,480] (hereinafter “instant loan claim”). [Grounds for recognition] In the absence of dispute, the Plaintiff’s statement under subparagraphs 1 through 6 (including numbers), Eul’s statement under subparagraph 1, and the purport of the entire pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of claim, the duplicate of the instant complaint containing the notification of the transfer of the instant loan claims was served on the Defendant on May 8, 2013, and the Defendant is obligated to pay the amount to the Plaintiff who acquired the instant loan claims, barring any special circumstance.

B. Judgment on the defendant's defense

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