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(영문) 서울북부지방법원 2020.01.14 2019나35078
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

The defendant shall pay 855,508 won to the plaintiff.

2...

Reasons

1. In the first instance trial, the Plaintiff filed a claim for overdue interest of KRW 1,082,966 (the remaining interest of KRW 124,025 as of May 9, 2018, until July 31, 2014, KRW 85,508, and the remaining interest of KRW 103,43, from August 1, 2014 to May 9, 2018) and the principal of KRW 124,025, as of May 10, 2018, while the court of first instance dismissed the remaining interest of KRW 85,508, as of July 31, 2014, except for the remainder of the claim, and only the Plaintiff appealed the remainder of the claim until July 31, 2014, the remainder of the claim is limited to the remainder of the interest of KRW 508,508.5,585,585,205.

2. Basic facts

A. On March 21, 2013, the Defendant entered into a loan transaction agreement with the Dispute Resolution Co., Ltd. and received a total of KRW 13.6 million from the Dispute Resolution Co., Ltd.

(hereinafter referred to as “instant loan claim”): The amount of loan contract extended on March 20, 2013: The extension period of KRW 8.6 million: The interest rate of KRW 10.9: The overdue interest rate of 10.9% from the credit date: the overdue interest rate of at least 1/3 months but less than 11.5% but less than 11.6 months: the overdue interest rate of 1.9%: the amount of loan contract extended on March 21, 2013: the expiration date of the credit period of KRW 5 million: The overdue interest rate of 10.9% from the credit date: the overdue interest rate of less than 3 months but less than 11/13 months and less than 11.56% and 12% from the credit date: the overdue interest rate of 10.9%: the overdue interest rate of interest rate of 13 months and less than 6 months;

B. The remaining principal remaining as of July 31, 2014 of the instant loan claim is KRW 124,025, and the remaining interest is KRW 855,508.

C. On September 19, 2014, the Dispute Resolution Co., Ltd entered into an asset acquisition agreement with the Plaintiff to transfer the instant loan claim (as of July 31, 2014 on the date of confirmation of the subject claim) to the Plaintiff. The Plaintiff received delegation from the Dispute Resolution Co., Ltd. and notified the Defendant of the fact of the said transfer. The notice of assignment sent to the Defendant is as follows.

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