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(영문) 서울중앙지방법원 2018.11.21 2018나41015
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

On February 20, 2007, 66% per annum, 10% per month of principal and interest, and February 19, 2012 of the expiration date of the loan, the Slovaf Loan Co., Ltd. (hereinafter referred to as “the Co., Ltd.”) was designated as a registered credit service provider, and loaned to the Defendant on February 19, 2012.

After the Defendant repaid KRW 71,559 on November 27, 2009, the principal and interest have not been repaid from December 10, 2009, and the Plaintiff urged the performance, but the Plaintiff lost the benefit of time due to its nonperformance.

On December 28, 2010, the KCAF loan transferred to the Plaintiff the above loan claim.

On May 12, 2014, the credit transfer notice to the defendant was sent to "Seoul Seocho-gu 217 Dong-dong 205, Seoul, by content-certified mail."

The Plaintiff filed an application for the instant payment order with the notice of assignment of claims attached thereto, and the said notice was served on the Defendant in the first instance trial.

As of September 30, 2014, the balance of loans as of September 30, 2014 is the principal of KRW 1,403,536 and interest KRW 2,371,333.

[Grounds for recognition] In full view of the facts without dispute, Gap evidence Nos. 1 through 3, and the purport of all the arguments as a whole, the purport of each of the above evidence as a whole is to determine the purport of all the arguments, it is recognized that the credit transfer notice to the defendant was sent to the defendant on May 12, 2014, but was not the defendant's domicile at the time when the credit transfer notice to the defendant was sent to the defendant on May 12, 2014, but as long as the above credit transfer notice was served to the defendant in the first instance court and the defendant became aware of the fact in the course of the trial by filing a subsequent appeal, the

Therefore, the Defendant seeks the Plaintiff within the scope of overdue interest rate from October 1, 2014 to the date of full payment of the principal and interest of KRW 3,774,869 in total and the principal of KRW 1,403,536 in relation to the Plaintiff who acquired a loan claim.

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