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(영문) 서울중앙지방법원 2016.07.01 2015나65010
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 5,035,60 and 2,825 among them.

Reasons

1. The plaintiff filed the lawsuit against the defendant in this case seeking payment of each claim that he/she acquired from the Fair Mutual Savings Bank, Dog Capital, Enterprise Bank, Seoul Guarantee Insurance Bank, and Korea Finance Savings Bank. The court of first instance accepted the plaintiff's claim against the defendant with respect to the claim that he/she acquired from the Gag Capital, Enterprise Bank, Seoul Guarantee Insurance, and Korea Finance Savings Bank, and ruled that the claim for the claim that he/she acquired from the fair mutual savings bank is dismissed.

In response, only the plaintiff appealed against the judgment of the court of first instance, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from the equitable mutual savings bank.

2. Comprehensively taking account of the overall purport of the arguments in the evidence No. 1, No. 2, 3, and 8, the Defendant received a loan of KRW 5,00,000 from the Fair Savings Bank on February 25, 2010 for 36 months of the loan period, interest rate of KRW 35,00,00 per annum, interest rate of interest rate of KRW 47% per annum, and interest rate of KRW 47% per annum, and the equitable mutual savings bank transferred a loan claim against the Defendant to the Plaintiff on June 21, 2013. The Plaintiff was delegated with the authority from the equitable mutual savings bank and notified the Defendant of the assignment of the claim on June 23, 2014. As of August 17, 2014, according to the Plaintiff’s agreement on overdue interest rate of KRW 2,825,487, the balance of the loan claim against the Defendant as of KRW 2,210,035,600 per annum, the Plaintiff’s agreement on overdue interest rate within 17.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 5,035,60 as well as the amount of KRW 2,825,487 as the principal amount of KRW 5,825,00 per annum from August 18, 2014 to the date of full payment.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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