(영문) 서울중앙지방법원 2016.03.18 2015나46378

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(영문) 서울중앙지방법원 2016.03.18 2015나46378

양수금

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

The defendants are jointly and severally liable to the plaintiff for 34,986,286 and their importance.

Reasons

1. The scope of this court’s judgment: (a) the Plaintiff sought against the Defendants the payment of the claims that each was transferred from the KBN Card Co., Ltd. (hereinafter “National Card”); and (b) the new card Co., Ltd. (hereinafter “new card”); and (c) the court of first instance dismissed the claims asserted by the Defendant as to the claims that were transferred from the new card.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim of the principal amount of 9,126,445 won and interest interest of 25,859,841, which are the claim of the loan.

2. Determination as to the cause of action

A. A. A New Card No. 1) around October 28, 2002, extended a loan of KRW 23 million to Defendant A at the rate of 12 months and the rate of 29.9% per annum. Defendant B guaranteed Defendant A’s obligation of the above loan. Defendant B’s new card was transferred to the Plaintiff on June 21, 2013, and then notified the Defendants of the above assignment of credit.

3) Meanwhile, as of August 14, 2015, the sum of the principal and interest of the above loan claims as of August 14, 2015 (i.e., the principal amount of KRW 9,126,45 won interest of KRW 25,859,841). The interest rate for delay determined by the Plaintiff’s operating rules within the scope of the agreed interest rate for the purchase claim is 17% per annum. [The entry in the evidence A through 3, 5, and 7, respectively, and the purport of the entire pleadings.]

B. According to the above facts of recognition, the Defendants are jointly and severally liable for payment of KRW 34,986,286 and the principal amount of KRW 9,126,445 to the Plaintiff, the assignee of the bonds, at the rate of 17% per annum from August 15, 2015 to the date of full payment, which is the day following the last calculation of damages for delay.

3. The plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance against the plaintiff.

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