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(영문) 서울북부지방법원 2019.12.24 2019나32376
양수금
Text

1. Revocation of a judgment of the first instance;

The Defendant’s KRW 4,282,37 and KRW 10,779,127 among the Plaintiff’s KRW 44,282,37 and KRW 127 on February 9, 2018.

Reasons

1. The following facts can be acknowledged in full view of the following facts: evidence Nos. 1 and 2-1, 3-2, evidence No. 4, 5, evidence No. 6-1, and evidence No. 6-2. A

On November 15, 2002, the defendant entered into an installment financing agreement with C in which the period of installment payment is 48 months, and the interest rate is 11% per annum, and received a loan in KRW 26 million from C in the same day.

(hereinafter “instant loan claim”). B.

C On August 31, 2007, the KCAB transferred the instant loan claims and the rights incidental thereto to the KCABD and sent the notice of assignment to the Defendant by content-certified mail on September 3, 2007.

C. 1) D Co., Ltd. filed a lawsuit against the Defendant for the payment of the agreed interest rate of 25% per annum from April 12, 2008 to the date of full payment, as to the interest rate of 17,636,536 won, including the principal and interest of the instant loan claim calculated as of April 11, 2008 by Seoul Southern District Court Decision 2008Da121676, and as of April 11, 2008, and the interest rate of 10,779,127 won, and damages for delay calculated as of April 12, 2008. 2) The above court decided to recommend performance on May 1, 2008 with the same content as the above claim of D Co., Ltd., and decided to recommend performance on July 25, 2008.

D On July 7, 2017, the L/C Bank transferred to the Plaintiff the total of KRW 42,185,576 (one hundred and twenty percent interest of principal, KRW 10,779, KRW 127, KRW 31,243, KRW 339, and KRW 163,110 in interest of principal, KRW 31,243, and KRW 163, and KRW 110 in interest of principal) calculated as of April 30, 2017. On July 27, 2017, the L/C Bank issued

E. The principal and interest of the instant loan claims calculated at the rate of 25% per annum as of February 8, 2018 are KRW 44,282,337 [the principal of the instant loan claims KRW 10,185,576 [the principal of KRW 10,779, KRW 31,243,339, and other expenses 163,110] from May 1, 2017 to February 8, 2018; overdue interest of KRW 2,096, KRW 761, KRW 10,779, KRW 127 x 25% x 284/365 days];

2. According to the above facts of determination, the defendant's total of KRW 44,282,37 of the principal and interest of the loan claim of this case and the principal amount of KRW 10,779,127 of the loan claim of this case shall be finalized.

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