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(영문) 서울중앙지방법원 2015.12.02 2015나33600
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 19,11,065 and 12,310 among them.

Reasons

1. The Plaintiff sought against the Defendant the payment of each claim that the Plaintiff acquired from eight financial institutions, including the SB Savings Bank (hereinafter “SB Savings Bank”) or lending companies. The first instance court dismissed the claim that the Plaintiff acquired from the Nonparty Savings Bank and accepted the remainder of the claim.

The plaintiff appealed against the judgment of the court of first instance. Thus, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from the non-party savings bank.

2. Comprehensively taking account of the overall purport of arguments stated in Gap evidence No. 1, Gap evidence No. 2-1, Gap evidence No. 3, 4, 14, and Gap evidence No. 15, the Korean Bank Co., Ltd. (hereinafter "the Bank"), on April 17, 2008, issued the payment period of KRW 50 million to the defendant on April 17, 2009; the agreement rate is calculated by adding 2.96% to the CD-based standard interest rate; the overdue interest rate is less than three months per annum; the overdue interest rate is less than 17% per annum; and the subsequent 19% per annum thereafter (hereinafter "the loan of this case"); the Korean Bank transferred the balance of the loan of this case to the non-party No. 2-party No. 3160, Mar. 3, 2010; the Plaintiff again transferred the loan of this case to the defendant on February 16, 2012.

According to the above facts of recognition, the defendant of this case shall be the plaintiff.

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