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(영문) 광주지방법원 2016.02.05 2015나52219
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 25,749,390 among the Plaintiff and KRW 8,693,815 among the Plaintiff, as to June 12, 2014.

Reasons

1. Basic facts

A. On December 4, 2001, the Defendant entered into a loan transaction agreement with Korea Bank Co., Ltd. (Korea Light Bank Co., Ltd. prior to the change) on a loan amount of KRW 115 million, repayment date, December 4, 2004, and the delayed interest rate of KRW 19% per annum.

B. The claim against the Defendant of the Bank of Korea (hereinafter “instant claim”) was transferred in sequence to the Korea EF&A Limited Company specialized in the tea securitization, to the CLS partnership loan, to the Solomon Mutual Savings Bank on December 31, 2009, to the Solomon Mutual Savings Bank on November 29, 201, and to the Plaintiff (the previous trade name: the Credit Counseling Fund) on November 29, 201.

다. 주식회사 씨엘비파트너스대부는 2010. 1.경 피고에게 주식회사 씨엘비파트너스대부가 가진 피고에 대한 채권(최초대출기관 주식회사 우리은행 외, 대출과목 대출금, 상�개상금액 원금 8,693,815원, 이자 별도)을 2009. 12. 31. 주식회사 솔로몬상호저축은행에 양도하였다는 내용의 채권양도통지서를 보냈다.

On June 5, 2012, upon delegation of the power to notify the assignment of claims by Solomon Mutual Savings Bank, the Plaintiff sent to the Defendant a notice of the assignment of claims to the Defendant, holding a Solomon Mutual Savings Bank (a general loan of loans, a general loan of loans, and the principal amount of loans, KRW 8,693,815, Dec. 4, 2001).

Meanwhile, as of June 11, 2014, the principal and interest of the instant bonds are KRW 25,749,390 (principal KRW 8,693,815, interest KRW 17,055,575).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. If the purport of the entire argument is added to the above findings of the determination and the aforementioned evidence, it can be acknowledged that the instant claim against the Defendant of the Bank of Korea against the Defendant of the Bank of Korea was transferred in succession, and that each transfer was notified to the Defendant, and that the principal and interest of the instant claim as of June 11, 2014 = 25,749,39,390 = Principal 8,693,815, interest of KRW 17.

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