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(영문) 서울중앙지방법원 2015.08.17 2014나70114
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 7,362,698 and KRW 1,816,421 among the Plaintiff and the Plaintiff’s KRW 1,816,421 on November 19, 2014.

Reasons

1. Basic facts

A. On July 16, 1997, the Defendant entered into a loan agreement with the Hanil Bank Co., Ltd. with the “ Hanil Bank’s interest rate of 4% per annum and delay damages rate of 18% per annum, and received the loan.”

B. The Han-il Bank, Inc., was merged into Korea Light Bank, and on March 30, 2002, Korea Light Bank, Inc., transferred its loans to the Defendant (the remaining amount of KRW 1,998,833) to a limited liability company specialized in the third-party financial system and notified the Defendant of the above transfer by mail proving the content of the transfer on April 27, 2002.

On February 14, 2003, the above limited liability company transferred the above claim against the defendant (the balance 1,816,421 won at the time) to the promotion mutual savings bank, and notified the defendant of the above transfer by content-certified mail.

On June 15, 2011, the said mutual savings bank transferred its claim against the Defendant to the Plaintiff, and notified the Defendant of the transfer by content-certified mail on July 20, 201.

C. As of March 5, 2014, the Defendant’s above-paid debt remains as principal KRW 1,816,421, interest 5,546,277.

[Reasons for Recognition] Class A, Evidence Nos. 1, 3, 4, Evidence No. 2-1, 2, and 3, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,362,698 (i.e., KRW 1,816,421, KRW 5,546,277) and the principal amount of KRW 1,816,421, as the Plaintiff seeks, damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 19, 2014 to the date of full payment.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance with different conclusions is unfair, and it is so decided as per Disposition by the court below to cancel this and order the payment of the above money.

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