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(영문) 서울중앙지방법원 2020.12.11 2020나20806
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is the plaintiff succeeding intervenor 98,783,628 won and 25,168.

Reasons

1. Determination as to the ground for the claim of the Plaintiff’s succeeding intervenor

A. The facts of recognition (1) The Defendant lost the benefit of time after receiving loans, etc. from the financial institutions listed below or using credit cards, etc., and making payment. The Defendant’s balance of the loan principal and interest interest in arrears as of March 26, 2020 are as listed below.

CDC E E E (2) The overdue interest rate on each of the above loan transactions is to be governed by each of the above financial institutions, and 17% per annum until December 31, 2016, and 15% per annum from January 1, 2017.

(3) The Plaintiff received each of the above claims from the financial institutions listed in the above table according to the asset transfer contract, and the financial institutions listed in the above table notified the Defendant of the transfer of the claims.

(4) The Plaintiff filed a lawsuit against the Defendant as Seoul Northern District Court Decision 2008Gadan8642, claiming payment of the balance of the loan principal of each of the above claims, and damages for delay calculated at the rate of 17% per annum from June 27, 2007 to June 13, 2008, with respect to the balance of the loan principal, and the damages for delay calculated at the rate of 17% per annum from June 26, 2007 to the date of full payment. The judgment (hereinafter “the judgment of this case”) became final and conclusive.

(5) In order to prevent the completion of the extinctive prescription of a claim based on the instant judgment, the Plaintiff filed the instant lawsuit on May 28, 2018, and transferred each of the instant claims to the Intervenor succeeding to the Plaintiff as of December 27, 2018, and notified the Defendant of the assignment of claims.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant, barring special circumstances, has the overdue interest rate from March 27, 2020 to the date of full payment with respect to the remaining principal and interest of the above claim 98,783,628 won and the remaining principal and interest of 25,168,021 won to the intervenor succeeding to the plaintiff, who is the final transferee of each of the above claims.

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