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(영문) 서울고등법원 2016.03.09 2015나2049307
양수금
Text

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

2. The defendant shall pay to the plaintiff KRW 72,609,299 and 35,00 among them.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant against Hyundai Capital Co., Ltd. (hereinafter “Stock Co., Ltd.”), us card, citizen card, loan, Industrial Bank of Korea, Korea Exchange Bank, IBK Capital, and ② Escar Savings Bank (former trade name: Hyundai Switzerland 2 Savings Bank, hereinafter “SB Savings Bank”) for the transfer of claims against the Defendant, and the first instance court rejected the claim for the transfer of claims against the Defendant of Hyundai Capital Co., Ltd. (hereinafter “SB Savings Bank”), and the first instance court rejected the claim for the transfer of claims against the Defendant. It is evident in the record that only the Plaintiff filed an appeal.

Therefore, the scope of this court's trial is limited to the above (2) claim for transfer money.

2. Judgment on the ground of the Plaintiff’s claim

A. 1) On June 28, 2013, the Plaintiff: (a) received the transfer of claims against the Defendant from the SBA Savings Bank; and (b) notified the Defendant of the transfer of claims upon delegation of the authority to notify the transfer of claims on November 28, 2014; (c) given that the interest rate and delay damages rate of the above claims are 17% per annum; and (d) as of July 29, 2014, the details of principal and interest of the instant claims transferred by the Plaintiff are as follows.

The purport of the whole pleadings and arguments of the principal and interest of Esvia 2 Savings Bank 35,00,000,609, 299, 72,609, and 299 of the ground for recognition of the transfer of the principal and interest of Esvia 2 Savings Bank 35,00,000,00, 609, and 299

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 72,609,299 and the principal of KRW 35,00,000,00, which is the day following the day on which the above damages for delay are calculated, to the day of full payment. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from July 30 to the day of full payment.

3. Thus, the plaintiff's claim shall be accepted on the ground of its reasoning, and the part against the plaintiff among the judgment of the court of first instance shall be this.

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