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(영문) 서울중앙지방법원 2019.07.02 2018나68270
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 January 4, 2002, the Defendant entered into an agreement with C (hereinafter “C”) to lend KRW 3,000,000 from C after obtaining a loan from C, which set forth a rate of 22% per annum of agreed delay damages.

(hereinafter “instant loan claim”). (b)

D Limited Liability Company (hereinafter “D”) received the instant loan claim from C on February 20, 203, and sent the notice of credit transfer to the Defendant by content-certified mail pursuant to the Asset-Backed Securitization Act that granted the right to notify the credit transfer to the bond transferee on August 18, 2004, and applied for payment order to the Defendant under Incheon District Court 2004 tea 295555, and on October 5, 2004, from the above court, “the Defendant shall pay to D the amount of KRW 4,647,288 and 3,000,00 per annum from the day following the delivery of the original copy of this payment order to the day of full payment (hereinafter “pre-paid payment order”). The above payment order was served to the Defendant on November 2, 2004 and confirmed on November 17, 2004.

C. D transferred the instant loan claims to the Plaintiff on March 27, 2009, and sent the notice of assignment of claims to the Defendant on November 19, 2014 by content-certified mail.

As of July 14, 2013, the principal and interest of the instant loan claim KRW 9,868,109 [The principal = Interest of KRW 6,868,100 for overdue interest of KRW 3,00,000 for overdue interest of KRW 6,868,109 (i.e., interest of KRW 1,647,288 for delayed payment from February 5, 2002 to August 4, 2004, which was recognized in the order for advance payment, was served as the next day from November 3, 2004 to July 14, 2013];

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, 5 through 7, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the defendant sought against the plaintiff as the final transferee of the loan claim of this case as to KRW 9,867,610, and the principal amount of KRW 3,000,000 among the loan claims of this case.

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