logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.28 2017나33147
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 12, 2007, LAW Capital Co., Ltd. (the trade name of EAW capital stock company on January 7, 2008, of EAW capital stock company on December 22, 2009, of EAW capital stock company on August 1, 2014, of which changed in sequence to EAproph capital stock company on August 12, 2007) concluded a loan transaction agreement with the Defendant on October 21, 2009, setting the first limit amount of three million won, interest rate of 48.54%, interest rate of 48.54%, and delay interest rate of 209 on October 21, 2009, and loaned KRW 5,737,737,737, up to three times on October 12, 2007 through the said loan transaction agreement to March 13, 209.

(hereinafter referred to as “instant loan”). (b) In general,

As of August 28, 2009, the principal of the instant loan loan remains 3,574,657 won, and the interest rate or delay damages rate is 39% per annum.

C. On March 31, 2010, the instant loan claims were transferred in sequential order to the slice Capital Loan Co., Ltd. (the trade name before the change: hereinafter “Ylice Capital Loan”), and on February 22, 2014, to the Plaintiff (the changed trade name: the slice Loan Co., Ltd.).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 5, 6, and 7, and the purport of the whole pleadings

2. The plaintiff's judgment on the plaintiff's claim asserts that since the plaintiff finally acquired the loan claim of this case, the defendant is obligated to pay the remaining loan claims of this case at the rate of 39% per annum from August 29, 2009 to the date of full payment.

Therefore, the transfer of a nominative claim, such as the instant loan claim, cannot be set up against the obligor, etc. without notifying the obligor to the obligor, or without obtaining the obligor’s consent (Article 450(1) of the Civil Act), and according to the evidence No. 2 (Evidence No. 8 of the Civil Act), the “Notice of Claim Transfer and Pledge” in the name of each of the above transferor and the Plaintiff’s name on March 20, 2014 is the “the domicile of the Defendant on the resident registration of the former North Korea-gu B apartment.”

arrow