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(영문) 서울중앙지방법원 2017.06.29 2016나28643
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,917,715 as well as its full payment from December 7, 2010.

Reasons

1. Facts of recognition;

A. A. On November 16, 2010, E&P loan Co., Ltd. (hereinafter “E&P loan”) loaned KRW 2,000,000 to the Defendant on November 16, 2010, with the maturity of payment on November 16, 2012, at 39% per annum of the interest rate and the overdue interest rate (hereinafter “claim”).

B. On July 29, 2011, AWP loan transferred the instant loan claim in sequential order to the Plaintiff (the Plaintiff (the former trade name prior to the change: Switzerland loan corporation) on February 22, 2014, and sent the notice of assignment of claims containing the same fact to the Defendant’s domicile on April 23, 2014 by content-certified mail.

C. At present, the balance of the instant loan claims is KRW 1,917,715, and the Defendant did not pay interest thereon from December 7, 2010.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Unless there are special circumstances, such as sending and returning a content-certified postal item stating the notice of the assignment of claims, it shall be deemed that the postal item has been delivered to the addressee at that time (see, e.g., Supreme Court Decision 96Da38322, Feb. 25, 1997). According to the above-mentioned facts, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant loan claim, the amount of KRW 1,917,715, and the delay damages at the rate of 39% per annum from December 7, 2010 to the date of full payment.

3. If so, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance which concluded otherwise is unfair, so it is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.

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