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(영문) 서울중앙지방법원 2018.02.12 2017나42912
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On February 21, 200, the Plaintiff entered into a contract for the use of the integrated passbook loan with D Co., Ltd. on February 20, 2003. According to the above contract, the Plaintiff was able to obtain a loan by using the passbook within the above amount with the agreed amount, and the Plaintiff was able to bear the interest calculated at the rate of 24% per annum for the loan.

(hereinafter “instant contract”). B.

On August 27, 2001, the bankruptcy was declared on August 27, 2001 (Seoul District Court 2001Ha172) Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

C. The Korea Deposit Insurance Corporation transferred the claim under the instant contract to the Plaintiff on May 22, 2007, and on July 31, 2007, notified the Defendant of the assignment with the content certificate, and reached the Defendant around that time.

On April 7, 2005, the defendant applied for the commencement of credit recovery procedure through E Committee in accordance with the Act on the Support of Financial Life of Microfinance(hereinafter "the procedure of credit recovery of this case").

E. On December 26, 2011, the Defendant, after paying the monthly repayment according to the instant credit recovery procedure, failed to perform its obligations, and accordingly, the validity of debt settlement pursuant to the said procedure was lost.

Meanwhile, Article 25(2) of the Act on Credit Counseling and Recovery Support of the E Committee, which applies to the procedure for credit recovery of this case, stipulates that the debtor's liability shall be returned to the content of the debt before the application for debt settlement is invalidated

F. The Plaintiff applied for the instant payment order after appropriating KRW 357,899, which the Defendant paid and received in the instant credit recovery procedure, to repay the principal amount of the obligation under the instant contract.

Accordingly, as of October 27, 2016, the unpaid portion among the obligations under the instant contract is KRW 3,458,345, including the principal amount, KRW 719,839, and KRW 2,738,506.

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