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(영문) 서울중앙지방법원 2017.07.05 2016가단5287958
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 44,209,092 and KRW 26,351,014 among them, from August 26, 2016 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence No. 1 to 15 of the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money set forth in the Disposition No. 1 of this Decree.

2. The Defendant’s argument as to the Defendant’s assertion: (a) did not receive the notice of assignment of the instant claim; (b) did not receive the overdue interest rate; (c) did not use the credit card until October 201; and (d) did not comply with the Plaintiff’s claim upon expiration of five years of extinctive prescription of the commercial claim.

According to each statement in Gap evidence No. 9-10, the plaintiff, who was delegated with the power to notify the assignment of claims by the relevant financial institution, notified the assignment of claims through content-certified mail on February 7, 2017, and the defendant received it on March 16, 2017.

② Meanwhile, according to the evidence No. 1-8, the claim amount in this case can be acknowledged that the rate of 17% per annum is lower than the overdue interest rate in this case.

③ According to the evidence evidence No. 13-15, the date of the final completion of each financial institution’s loan claims can be acknowledged as having existed after November 16, 201, and the fact that the instant lawsuit was filed on September 21, 2016, which was five years after the lapse of the extinctive prescription under the Commercial Act of the financial institution’s loan claims, is clearly indicated in the record.

Therefore, the first defendant's argument on a different premise is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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