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(영문) 서울서부지방법원 2016.11.10 2016나1667
양수금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant: 14,023,186 won and its 4,328.

Reasons

1. Facts of recognition;

A. On February 13, 1999, the payment order (hereinafter “instant payment order”) was issued for KRW 22% per annum for KRW 3,05,96,151 from February 11, 1999 to the date of full payment with respect to KRW 3,192,03, which was filed by the Peace Bank Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) against the Defendant, for loans, etc. against the Defendant, etc., the Busan District Court issued a payment order (hereinafter “instant payment order”) with respect to KRW 6,645,988 and its KRW 3,192,00 from February 11, 199 to the date of full payment with respect to KRW 28% per annum for KRW 151.

B. The claim based on the instant payment order (hereinafter “the claim of this case”) was transferred to the Plaintiff’s succeeding intervenor through LSF SPcom and the Plaintiff. As of September 13, 2007, the principal and interest of the claim of this case were KRW 14,023,186, and the principal amount were KRW 4,328,624, and the compensation rate for delay after January 23, 200 is KRW 18% per annum.

C. On October 12, 2007, the Plaintiff filed an application with the Defendant for a payment order under the court No. 2007 tea14408 for the extension of the statute of limitations for the claim of this case. However, the Plaintiff’s claim for a payment order, reflecting the money partially collected, is demanding to reduce the claim of the payment order of this case.

On September 20, 2016, the instant lawsuit was initiated, and the briefs attached to the notice of assignment of claims were served on the Defendant on September 23, 2016.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, a significant fact in this court, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay 14,023,186 won and 4,328,624 won among them to the intervenor succeeding to the plaintiff who acquired the claim of this case from the plaintiff and 18% interest per annum from September 14, 2007 to May 14, 2008 and 20% per annum from the next day to the date of full payment.

B. The defendant is first from the plaintiff or the succeeding intervenor.

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