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(영문) 서울남부지방법원 2015.06.11 2014나53900
양수금
Text

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

2. The defendant added to the judgment of the first instance court to the plaintiff 24,188.

Reasons

1. The scope of the trial at this court claimed that the plaintiff acquired the claim against the defendant by transfer from the non-party Hyundai Capital Co., Ltd. (hereinafter referred to as "Modern Capital"), the Korean bank, the new card, and the Han Bank. The court of first instance accepted the remaining claim except the claim for the transfer of the loan to the defendant on July 31, 2008 (hereinafter referred to as "the claim for transfer of the loan to Hyundai Capital") among the plaintiff's claim, and dismissed the claim for transfer of the loan to Hyundai Capital. Since only the plaintiff appealed, only the part of the claim for transfer of the loan to Hyundai Capital is subject to the trial at this court.

2. Comprehensively taking account of the overall purport of pleadings as to claim for the transfer of modern Capital Gap evidence No. 1, Gap evidence No. 2-2, Gap evidence No. 3, Gap evidence No. 7-1, and Eul evidence No. 7-2, Hyundai Capital set the Defendant on July 31, 2008 at 38.89% per annum, interest rate of 38.89% per annum, interest rate of 45.89% per annum, and interest rate of 45.89% per annum, and Hyundai Capital transfer the above loan claim to the Plaintiff on November 30, 2012 and notify the Defendant of the above transfer of the above transfer of claim on April 21, 2014; the obligation to claim damages for delay calculated on or around January 20, 2014 with the interest rate of 7,908,194, interest rate of 16,280,520,284,281,7481.

3. If so, the plaintiff's claim shall be accepted on the ground of its reasoning, and the judgment of the court of first instance shall be partially unfair, so the part against the plaintiff among the judgment of the court of first instance shall be revoked and the defendant shall be ordered to pay the above additional amount.

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