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(영문) 서울동부지방법원 2015.05.29 2014나23371
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. In the first instance court, the Plaintiff filed a claim against the Defendant for the principal amount of the claim, KRW 300,00,00 and interest for delay, etc., of the credit that the Plaintiff acquired from the Plaintiff, ② the principal amount of the claim, KRW 3,598,963 and interest for delay, etc., ③ the principal amount of the claim, KRW 4,741,691 and interest for delay, etc. of the claim, ③ the principal amount of the claim, KRW 4,741,691 and interest for delay, etc. which the Plaintiff acquired from the Agricultural Cooperatives. The first instance court accepted the claim

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim ① above.

2. Determination as to the claim

(a) The following facts are recognized in full view of each description of Gap evidence Nos. 1, 2, 3, 6, and 7 (including branch numbers, if any).

(1) On June 26, 2002, Korea Mutual Savings Bank Co., Ltd. issued a small credit loan (hereinafter “instant loan”) to the Defendant with loans of KRW 2,00,000,000 per annum, interest rate of KRW 60 per annum, interest rate of overdue interest rate of KRW 72% per annum, six months during the lending period, six months during the lending period, and school expenses for the use of funds.

(2) On June 24, 2005, the above Han-gu Mutual Savings Bank transferred the claim for the principal and interest of the instant loan to Solomon Mutual Savings Bank. On August 11, 2005, the Solomon Mutual Savings Bank again transferred it to Solomonmon Co., Ltd. Around October 10, 2005, the Solomon Mutual Savings Bank notified the Defendant of the fact that it sent the assignment notice of assignment (the amount of the claim subject to the transfer is indicated as the principal amount as KRW 3,300,000, interest5,041,573, total 8,341,573, etc.) with the seal of each corporate seal affixed on the first credit assignment, the first credit transferee and the second credit transferee, and the transferee Solomon Mutual Savings Bank notified the Defendant of the fact of the assignment by mail.

(3) On October 18, 2012, MM transferred the instant loan claim to Jinjin Loan Finance Co., Ltd.

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