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(영문) 서울남부지방법원 2018.01.18 2017나1313
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant entered into a loan transaction agreement or credit card use agreement with a company bank or other financial institution (hereinafter “each of the instant loans”), and either received a loan or used a credit card in accordance with the following classification numbers.

As of September 16, 2007, each of the loans of this case as of September 16, 2007 is as follows:

Separate Financial Institutions: 10,40,00 167, 2988, 297, 200, 167, 298, 298 2, 298, 200.30. 10,384, 400, 790, 76321, 075, 163, 201. 22, 1997, 050, 1289, 5353, 286, 5854 208, 206, 207, 2084, 207, 2084, 206, 305, 207, 2084, 306, 284, 206, 5854, 201. 70,000, 64, 598, 534, 2015

B. On May 13, 2005, the Plaintiff acquired the principal and interest of each of the instant loans against the Defendant from the financial institution of each of the instant loans, and around that time notified the Defendant of the transfer of claims.

On the other hand, the overdue interest rate of each of the loans in this case that the Plaintiff acquired is 17% per annum.

[Ground for Recognition] Unsatisfy, each entry in Gap evidence 1 to 10 (including a tentative number)

2. Determination

A. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff who acquired each of the instant loan claims the total amount of principal and interest of KRW 62,655,339 and the principal amount of KRW 34,546,589 from September 17, 2007, except in extenuating circumstances.

B. (1) The Defendant asserts that each of the instant loans was extinguished upon the lapse of five years from the filing of the instant lawsuit.

As to this, the Plaintiff’s each of the instant cases.

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