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(영문) 서울중앙지방법원 2015.12.01 2015나49063
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Determination on claims based on loan claims

A. (1) The following facts can be acknowledged in full view of the following facts: (a) evidence No. 1-1; (b) evidence No. 4-1 through 3; (c) evidence No. 6-1; (d) evidence No. 7-1; and (e) evidence No. 7-2; and (e) the purport of all the arguments and arguments.

(A) On October 15, 2002, the Industrial Bank of Korea loaned a loan of KRW 8,800,000 to the Defendant on October 15, 2002 at the rate of KRW 7.5% on the basis of interest, and on October 15, 2005 on the expiration date of the loan.

(B) On May 27, 2008, the Industrial Bank of Korea transferred all of the rights, such as the first loan claim and interest claim, to the Deposit Money Company on the road map. On the road map, the Deposit Company was delegated the Industrial Bank of Korea with the authority to notify the assignment of the rights and notified the Defendant of the assignment of the rights around that time.

On March 13, 2009, the Round Co., Ltd. transferred all of the above claims to the social company of the Dongyang branch. On April 22, 2009, the social company of the Dongyang branch delegated the right to notify the assignment of claims to the Defendant on April 22, 2009.

On November 1, 2010, 2010, the Social Co., Ltd. transferred all of the above claims to Tynas Loan Co., Ltd., and Tynas Loan Co., Ltd. was entrusted with the power to notify the assignment of claims by Dongyang Social Co., Ltd. and notified the Defendant of the above assignment of claims on April 20, 201.

On July 31, 2012, Teyi Loan Co., Ltd. transferred all of the above claims to the Plaintiff (the Credit Counseling and Recovery Fund, Inc.). On December 14, 2012, the Plaintiff was delegated with the power to notify the assignment of claims from Tyi Loan Co., Ltd. and notified the Defendant of the said assignment of claims.

(C) As of November 20, 2013, the instant loan claim amounting to KRW 15,352,293, which is calculated by the annual rate of 17% of the remaining principal and KRW 8,59,207, and KRW 6,753,086 by November 20, 2013.

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