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(영문) 서울중앙지방법원 2017.11.15 2017나15798
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. On November 17, 104, 12,300,000 24% per annum 24% per December 207, 2005, 33.9% per annum 33.9% per December 17, 2000 (1) the Defendant was granted loans from Hyundai Capital Co., Ltd. (hereinafter “instant loans Nos. 1 and 2”) as follows, but did not pay for the loans.

(2) On January 5, 2009, the Plaintiff acquired each of the above loans against the Defendant from the Hyundai Capital Co., Ltd., and notified the Defendant of the fact of the assignment of claims upon delegation of the authority to notify the assignment of claims from the Hyundai Capital Co., Ltd. on March 23, 2009.

(3) On October 10, 2016, the principal and interest of each of the above loans against the Defendant as of October 10, 2016 are as follows.

No claim No. 4,286,4587,547,227 11,83,685 No. 299,199, 864,787 1,363,906 aggregate 4,785,5778,412,014 13,197,597,591 / [based on recognition] the respective statements in subparagraphs 1 through 4, and the purport of the entire pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum on October 11, 2016, which is the day following the date of final settlement of interest, to the day of full payment, with respect to the total amount of KRW 13,197,591 as well as principal amount of KRW 4,785,57 as well as the principal amount thereof.

C. The Defendant asserts to the effect that all of the claims of this case were extinguished, considering the details of the Defendant’s repayment from July 2007 to December 2007.

In full view of the overall purport of the pleadings in the statements Nos. 3 and 4, the Defendant’s claim No. 1 in relation to the claim No. 1 in this case between July 2007 and December 2007

7. 400,00 won, 100,000 won on October 28, 100, 700 won on December 7, 12, and 31.7 million won on December 31, 12 were repaid respectively, and with respect to claims No. 2 set forth in the sequence 2.

8.31.20,000 won;

9.3.4 million won;

9.5.89,020 won;

9. 28.10,00 won, 10.10,000 won, 100,000 won, October 19, 19.

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