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(영문) 대구지방법원 2015.07.23 2015나301401
양수금
Text

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

The defendant.

Reasons

1. At the first instance court, the plaintiff acquired money ( principal 10,238,541 won and overdue interest 5,260,100 won and overdue interest 5,266 won and overdue interest 3,537,716 won and overdue interest 2,202,666 won) from the new card, acquired money ( principal 2,940,000 won and overdue interest 2,036,858 won and overdue interest 117,329 won and overdue interest 117,50 won and 117,329 won and overdue interest 10,000 won and it was transferred from the new card to the defendant at the first instance court, 300 won and overdue interest 10,75 won and overdue interest 10,745 won, 30,745 won and overdue interest 20, 360, 781, 367, 29, 36838 won and overdue interest 20, 6363

In this regard, the Plaintiff appealed against the claim for the acquisition of the principal of KRW 11,413,343 and the overdue interest of KRW 10,063,745, among the claim for the acquisition money transferred from Hyundai Capital, so the subject of the judgment of this Court is limited to this part.

2. Determination as to the cause of action

A. The Defendant was granted a loan of KRW 17,00,000 from the Hyundai Capital on February 2, 2010 at interest rate of KRW 25.49% per annum, overdue interest rate of KRW 37.49% per annum, and maturity of payment on January 25, 2013. The principal of the loan remains at KRW 11,413,343 as of May 31, 2013. 2) Hyundai Capital transferred its principal and interest claim to the Plaintiff on June 21, 2013. On March 31, 2014, the Plaintiff was delegated with the power to notify the assignment of claims from Hyundai Capital, and the transfer of claims to the Defendant on March 31, 2014.

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