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(영문) 서울중앙지방법원 2015.05.06 2014가단5293898
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 39,568,181 and KRW 21,798,283 among them, from July 31, 2014 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) concluded a loan transaction agreement with a new bank (hereinafter “new bank”) up to 20 million won on September 21, 2004 (hereinafter “first loan”), and extended the transaction period after entering into a loan transaction agreement with the limit of 10 million won on August 1, 2007 (hereinafter “second loan”); and then extended the transaction period; 8.1 million won on September 10, 2009, interest rate of 13% per annum; maturity of 30,000 won on October 30, 2009; and an additional agreement to change the credit transaction conditions with respect to the first loan as of September 18, 2009; and an additional agreement to change the credit transaction conditions with respect to the first loan as of September 18, 2009, maturity of 13.5% per annum; and an additional agreement to change the credit transaction conditions as of December 18, 2009.

(2) As of July 30, 2014, the debt balance of the 12 loans as of July 30, 2014 is KRW 39,568,181 in total, the principal amount of KRW 21,798,283, interest KRW 17,769,898, and the delay interest rate is 17% per annum.

(3) On June 28, 2013, the new bank transferred the principal and interest of the loan 12 to the Plaintiff. On June 23, 2014, the Plaintiff was delegated with the power to notify the assignment of claims by the new bank and the notification of the transfer of claims was returned to the Defendant by content-certified mail, but the Plaintiff expressed his/her intent to notify the transfer as a preparatory document on February 26, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 2, Gap evidence 6-1 through 3, the purport of the whole pleadings and arguments

B. According to the above facts, on March 5, 2015, on which the legal brief dated February 26, 2015, containing the purport of the notification of transfer, the acquisition of the Plaintiff’s claim for loans 12, had an opposing power to the Defendant on March 5, 2015, which was served on the Defendant (it does not require a notification to the obligor as a requisite for setting up against the obligor). Barring any special circumstance, the Defendant is obliged to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum, which is the rate of the above transfer amount to KRW 39,568,181, and the principal amount to KRW 21,798,283 from July 31, 2014 to the date of full payment.

2. The defendant.

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