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(영문) 서울중앙지방법원 2015.07.16 2014나26674
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 19,859,184 among the Plaintiff and KRW 6,189,614 among the Plaintiff, as to September 5, 2013.

Reasons

1. Facts of recognition;

A. The Defendant borrowed KRW 8,00,000 from Samsung Capital Co., Ltd. on October 7, 2002 at 36 months of the loan period, interest rate, and delay damages rate of KRW 32% per annum. The Defendant delayed the payment of the loan, and Samsung Capital Co., Ltd. applied for a payment order against the Defendant to the court of Changwon District Court in the Changwon District Court of the Republic of Korea on November 20, 2003 to pay the loan for KRW 7,564,168 and among them, KRW 7,528,678 from the above court on November 12, 2003 to the delivery date of the authentic copy of the payment order, and KRW 20% per annum from the next day to the delivery date of the authentic copy of the payment order, and the payment order was issued to the Defendant on December 12, 2003 and the payment order was served on December 27, 2003.

B. Samsung Capital Co., Ltd. was merged on February 1, 2004 with Samsung Card Co., Ltd. (hereinafter referred to as the “Tisung Card”), and Samsung Card Co., Ltd. (hereinafter referred to as the “ Solomon Mutual Savings Bank”) was merged with Solomon Mutual Savings Bank.

On May 3, 2006, when transferring the claims for the loans stated in the paragraph, notified the Defendant of the assignment of the claims.

C. On December 10, 2009, the Plaintiff acquired the claim for the said loan from the Solomon Mutual Savings Bank, delegated the notification of the assignment of claims by Solomon Mutual Savings Bank, and notified the Defendant of the said transfer on May 4, 2010.

As of September 4, 2013, the above loan claims remain 19,859,184 won in total, including the principal amount of KRW 6,189,614, interest and delay damages amount of KRW 13,69,570.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant No. 1-A.

The Plaintiff, a final transferee of the claim for loans specified in paragraph (1), within the scope of the aforesaid agreed delay damages rate, as to the sum of KRW 19,859,184 and the principal amount of KRW 6,189,614, which is the following day of the above base date, from September 5, 2013 to the date of full payment.

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