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(영문) 서울동부지방법원 2016.07.08 2016나21348
양수금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 363,067,229 and KRW 66,056,489 among the Plaintiff, the Defendant shall have on November 2014.

Reasons

1. Facts of recognition;

A. On Aug. 4, 1997, the Defendant borrowed 300,000,000 won by setting forth the loan from the Bank of East-gu as the loan for general fund loans, interest rate of August 4, 199 on the expiration date, 13.5% per annum, and damages for delay at 18% per annum.

B. Assignment 1) On July 27, 2004, Dongsung Bank Co., Ltd. transferred the above loans to the Liquidation Bank Co., Ltd. and notified the Defendant of the above transfer on or around November 9, 2004. 2) On January 28, 2005, it was decided in favor of the court below that "the Defendant paid the amount calculated at the rate of 20% per annum from July 29, 2004 to January 4, 2005 with respect to KRW 261,81,391 to the Defendant, and 66,056,489 among them, to the Liquidation Bank Co., Ltd., Ltd., Ltd., for the payment of the above loans."

(Seoul Central District Court 2004Gahap96182). After that, on July 15, 2009, the Liquidation Bank Co., Ltd. transferred the above loan claims to the Bai Capital Co., Ltd. and notified the Defendant of the above transfer on June 13, 201.

3) On May 13, 201, 201, Bavi Capital Co., Ltd. transferred the above loan claims to the Bavi Capital Asset Management Co., Ltd., and notified the Defendant of the above transfer on or around June 13, 2011. 4) The Bavi Capital Asset Management Co., Ltd. transferred the above loan claims to mentmenon Loan Co., Ltd. on May 2, 2012, and around that time, notification was given to the Defendant regarding the above transfer of claims.

5. On July 31, 2012, mentmenon Loan Co., Ltd. transferred the claim for the above loan to the Plaintiff. On March 19, 2015, the Plaintiff, who was delegated with the power to notify the assignment of the claim from mentmenon Co., Ltd., to the Defendant, notified the Defendant of the assignment of the claim.

C. As of November 6, 2014, as of the principal and interest of loan bonds, the principal of the loan bonds amounting to 66,056,489 won, interest amounting to 297,010,740 won, and that amount.

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