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(영문) 서울서부지방법원 2016.10.07 2015나30965
양수금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The plaintiff sought payment against the defendant from Hyundai Capital Co., Ltd., Samsung Card Co., Ltd., and foreign exchange card Co., Ltd., and the court of first instance rendered a judgment dismissing the plaintiff's claim based on the claim that the plaintiff acquired from Samsung Card Co., Ltd. and the foreign exchange card Co., Ltd., and dismissed his claim based on the claim that the plaintiff acquired from

In this regard, the plaintiff appealed only for the part against the plaintiff in the judgment of the court of first instance, so the subject of the judgment of this court is limited to the claims asserted by the plaintiff to have taken over from Hyundai Capital Co., Ltd.

2. Basic facts

A. On August 29, 2008, the Defendant loaned KRW 8,240,000 to Hyundai Capital Co., Ltd. at the interest rate of 17.9% per annum and delayed interest rate of 29.9%, and did not repay the above loans (hereinafter “instant loans”).

B. On November 30, 2012, Hyundai Capital Co., Ltd. transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims at that time.

C. As of February 19, 2014, the Plaintiff’s claim for the instant loan against the Defendant remains KRW 9,575,615 (=principal interest of KRW 4,485,692).

On the other hand, the interest rate determined by the plaintiff is 17% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

3. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 17% per annum from February 20, 2014 to the date of full payment of the principal and interest of the instant loan, as well as the principal and interest of KRW 9,575,615, and the principal and interest of KRW 4,485,692.

4. In conclusion, the plaintiff's claim against the defendant as to the claim for the loan of this case is reasonable, and the judgment of the court of first instance is unfair in conclusion, and thus, the above payment is made in the judgment of the court of first instance.

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