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(영문) 서울중앙지방법원 2016.11.23 2016나51889
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 15,652,048 and 8,041 among them.

Reasons

1. At the first instance court, the Plaintiff sought from the Defendant the payment of the credit that the Defendant acquired from the Bank of Korea L/C Co., Ltd. (hereinafter “T&C”) and the first instance court dismissed the claim based on the amount of KRW 8,041,492, the principal of the credit that the Plaintiff acquired from the Bank of Korea, L/C, L/C, L/C, L/C, L/C, and L/C, and the principal of the credit that the Plaintiff acquired from the Bank of Korea, L/C, L/C, L/C, and L/C, and the principal of the credit that the Plaintiff acquired from the Bank of Korea.

Since only the plaintiff appealed against this issue, the subject of the judgment of this court is limited to the claim based on the claim of KRW 8,041,492.

2. Determination on the cause of the claim

A. Facts of recognition 1) The defendant on April 16, 2002, Korea Light Bank Co., Ltd. (formerly named Korea Bank; hereinafter referred to as "Korea Bank").

(2) The loan principal and interest of KRW 10 million was extended on April 16, 2003 as the due date for repayment. The loan principal and interest of KRW 15,652,048 ( principal and interest of KRW 8,041,492) was overdue as of December 17, 2015; hereinafter “instant claim”).

(2) The instant claims were assigned in sequence to the Plaintiff via Korea EF&A Specialized in the 9th Asset-backed Securitization Specialized in the Republic of Korea, the Korea Social Loan Co., Ltd., and Tynas, and the assignment of claims was notified to the Defendant at the time of the said assignment of claims.

3) Meanwhile, the overdue interest rate prescribed by the Plaintiff’s Business Regulations within the scope of the delay rate of the purchase bonds is 17% per annum. [The entries in the evidence No. 6-1, No. 2, and No. 3 as well as the evidence No. 7 as to the grounds for recognition, and the purport of the whole pleadings.

B. According to the above facts of determination, the Defendant shall pay to the Plaintiff the total amount of KRW 15,652,048 and the principal amount of KRW 8,041,492, the damages for delay calculated at the rate of 17% per annum from December 18, 2015, which is the day following the above calculation base date, to the day of full payment.

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