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(영문) 서울중앙지방법원 2016.01.27 2015나27049
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 975,060 and KRW 622,916 among the Plaintiff and the Plaintiff’s KRW 18,60 on June 18, 2014.

Reasons

1. In the list of individual rehabilitation creditors prepared as of March 26, 2007 from the Seoul Central District Court 2006da42286 to the Defendant, one bank (hereinafter “I bank”) stated the list of individual rehabilitation creditors prepared as of March 26, 2007 as creditors for the use of credit cards against the Defendant, and the principal amount of the credit at that time (hereinafter “the instant claim”) was KRW 2,374,086, and the Defendant decided to authorize the repayment plan on November 15, 2007.

However, the defendant delayed the payment in several times during the repayment plan, and the same court abolished the defendant's individual rehabilitation procedure on September 3, 2010.

After that, the Defendant filed an individual rehabilitation application with the same court No. 2010 Congress81356, but withdrawn the application on January 7, 201.

Since the claim in this case was transferred from one bank to one corporation of puls, one bank on June 11, 2009, it was successively transferred to the plaintiff through loan beer corporation, corporation loan dismissal, and future savings bank, and the assignment of the claim was also notified, respectively.

On the other hand, the sum of the principal and interest that were attempted until June 17, 2014 of the instant claim is KRW 975,000 (i.e., principal KRW 622,916, and KRW 352,144). The interest rate for delay sought by the Plaintiff is 19% per annum.

[Ground of recognition] Facts without dispute, Gap 1 through 8, purport of the whole pleadings

2. According to the facts acknowledged earlier, although the Defendant applied for the instant claim as an individual rehabilitation claim and intended to repay according to the repayment plan, it can be found that only a part of the instant claim is repaid and a part of the amount of claim remains remaining.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 975,00 in total of the balance of the principal and interest of the instant claim and delay damages for the principal amounting to KRW 622,916 in total.

3. Conclusion

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