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(영문) 서울중앙지방법원 2017.05.23 2016나46498
양수금
Text

1. The Defendant shall complete the payment of KRW 18,608,913 to the Intervenor succeeding to the Plaintiff, as well as KRW 10,000,00 among them, from July 7, 2015.

Reasons

1. Facts of recognition;

A. On August 12, 2010, the Defendant entered into a CMA-based loan agreement with the Dongyang Life Insurance Co., Ltd., setting the lending period of one year, the lending limit of 10,000,000 won, the lending rate of 12.3% per annum, and the overdue interest rate of 19% per annum.

(hereinafter “instant loan”). (b)

On November 27, 2012, Dongyang Life Insurance Co., Ltd. transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on December 24, 2012.

On December 16, 2016, the Plaintiff transferred the above loan claims to the Intervenor succeeding to the Plaintiff. On January 11, 2017, the Plaintiff’s Intervenor notified the Defendant of the assignment of the loan claims on behalf of the Plaintiff.

C. As of July 6, 2015, the principal and interest of the instant loan in arrears are KRW 18,608,913 in total (=principal interest of KRW 10,000,000 in overdue interest of KRW 8,608,913).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay the Intervenor succeeding to the Plaintiff, who acquired the instant loan claim from the Plaintiff, at the interest rate of 19% per annum from July 7, 2015 to the day of full payment for the total amount of KRW 18,608,913 and the principal amount of KRW 10,000,000, among them, to the Intervenor succeeding to the Plaintiff who acquired the instant loan claim.

3. In conclusion, the plaintiff's claim was not judged as to the plaintiff's claim, and the plaintiff's claim of this case as to the plaintiff's claim was accepted for reasons.

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