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(영문) 서울중앙지방법원 2016.04.27 2015나72469
양수금
Text

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

The defendant shall pay to the plaintiff KRW 132,939,649 and KRW 39,313,570 among them.

Reasons

Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1-2, 2, 3, 5, and 6, the new bank (the former Choung Bank Co., Ltd.; hereinafter “new bank”) granted a loan of KRW 90,000,000 to the Defendant on November 30, 2000 on the expiration date of the lending period at the rate of KRW 19% per annum. The Plaintiff received the above claim from the new bank on June 28, 2013 and was delegated with the authority to notify the assignment of the assignment of the claim and notified the Defendant of the assignment of the assignment of the claim on June 23, 2014, the total amount of principal and interest of the above claim as of June 9, 2015 is KRW 132,939,649, the principal amount is at KRW 39,313,57, and the Plaintiff may recognize the fact that the Plaintiff applied the aforementioned delay interest rate as of June 13, 2015.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 132,939,649 and the amount of KRW 39,313,570, which is the day following the above calculation base date, delay damages calculated at the rate of 17% per annum from June 10, 2015 to the day of complete payment.

Therefore, the plaintiff's claim, including the part of the amount of money taken over from a limited company specializing in the first securitization as cited in the court of first instance, shall be accepted. Since the part against the plaintiff in the judgment of first instance is unfair with different conclusions, the plaintiff's appeal shall be accepted, and it shall be revoked, and it shall be decided as per Disposition by ordering the defendant to pay the above amount.

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