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(영문) 서울중앙지방법원 2015.07.23 2014나57081
양수금
Text

1. The part against the plaintiff against the defendant A and the part against the defendant B in the judgment of the first instance shall be revoked.

2...

Reasons

1. The scope of the judgment of this court in the first instance court, the claims that Defendant A acquired from Hyundai Capital Co., Ltd., and claims for payment of claims under each loan transaction agreement between Mar. 21, 2001 and Mar. 22, 2003, and the claims that Defendant B jointly and severally guaranteed by the above Defendant for the payment of claims under the loan transaction agreement between Mar. 21, 2001. The court of first instance accepted only the claims based on which Defendant A acquired from Hyundai Capital Co., Ltd., Ltd., and dismissed both claims based on the above two claims based on which Defendant A acquired from Hyundai Capital Co., Ltd., Ltd., and claims against Defendant B and claims against Defendant B.

Since only the plaintiff appealed against this issue, the scope of the judgment of this court is limited to the above two claims based on which the plaintiff acquired light light of the defendant A from the credit union and the claim against the defendant B.

2. Facts of recognition;

A. On March 21, 2001, the Light Credit Union loaned 10,000,000 won to Defendant A at an annual interest rate of 13%, 19% per annum, 19% per annum, and 30 December 30, 2003 on the date of expiry of the loan. ② Around March 22, 2003, the amount of KRW 12.5% per annum, 17% per annum, 200,000 per annum, and 22 March 22, 2006.

B. On June 21, 2013, the Plaintiff acquired each of the above loans from the light-based credit union, and notified Defendant A of the transfer of the above loans by virtue of the power delegated by the credit union of the light-based class on December 31, 2013.

C. As of November 18, 2013, the balance of the principal and interest of each of the above loans by Defendant A (i.e., KRW 15,652,387 (i.e., KRW 14,802,733 (i.e., KRW 5,802,733) delay damages of KRW 1,154,654 (i.e., KRW 462,151) and KRW 692,503).

The overdue interest rate determined by the Plaintiff within the scope of the agreed interest rate on each of the above loans shall be 17% per annum.

[Reasons for Recognition] A.

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