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(영문) 서울중앙지방법원 2016.01.27 2015나24132
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 12,94,605 and KRW 3,820,400 among the Plaintiff’s KRW 12,94,60 and the Plaintiff’s KRW 5,00 on June 5, 2014

Reasons

The following facts are acknowledged according to the purport of Gap 1 through 5 and the whole argument.

On May 19, 2004, a limited liability company specialized in the friendly securitization filed a lawsuit against the defendant for the payment of the acquisition amount (U.S. District Court Decision 2004Gau10503 case) and won a favorable judgment on May 19, 2004, which became final and conclusive on June 5, 2004.

On February 29, 2008, a limited liability company specialized in Postal-backed securitization transferred a claim that ordered payment in its judgment to a promotion mutual savings bank, and the promotion mutual savings bank again transferred the claim to the plaintiff (the former company is the Credit Counseling and Recovery Fund) on April 10, 2009, and notified the defendant of each assignment of claim.

As of June 4, 2014, the assigned claim amounting to KRW 12,994,605, the total amount of principal and interest is KRW 3,820,400, the principal amount is KRW 3,820,400, and the agreed damages rate is 17% per annum.

According to these facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 17% per annum, which is the interest rate on the agreed interest rate of 12,94,605 won in total and the principal amount of 3,820,400 won from June 5, 2014 to the date of full payment.

If so, the judgment of the first instance court is unfair because it has different conclusions, and it is so revoked and it is so decided as per Disposition.

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