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(영문) 서울북부지방법원 2018.07.17 2018나30755
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 14,727,360 among the Plaintiff and KRW 4,500,000 among the Plaintiff, as to June 13, 2017.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings in each entry in Gap evidence 1-2, Gap evidence 2, Eul evidence 3-1, 2, and Gap evidence 4-1 to 8.

On May 3, 2001, the Defendant borrowed 30,000,000 won from the Industrial Bank of Korea at the interest rate of 8.75% per annum, and damages for delay at the rate of 18% per annum.

(hereinafter “instant loan”). (b)

On April 20, 2004, the Industrial Bank of Korea transferred the claim of each of the instant loans to the Defendant on June 7, 2004, the Korea Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) to the Korea Social Loan Co., Ltd. (formerly changed: Dongyang Social Loan Co., Ltd.) on June 7, 2004; the Korea Social Loan Co., Ltd. (formerly changed); the Korea Social Loan Co., Ltd. on October 20, 2010; the ENF Loan Co., Ltd. on January 26, 2012; the ENF Loan Co., Ltd. on January 26, 2012; the management of assets with a limited liability company; the Korea Venture Point Loan Co., Ltd. on Nov. 1, 2013; and the Korea Venture Point Loan Co., Ltd. on Feb. 28, 2014; and the Korea Asset Management Loan Co., Ltd. on January 26, 2016.

C. On behalf of each transferor, Nice Asset Management Loan Co., Ltd. notified the Defendant of the transfer of the above claim on March 4, 2016.

On December 16, 2016, Nice Asset Management Loan Co., Ltd. transferred the claim for the instant loan to the Defendant to the Plaintiff, and on March 7, 2017, notified the Defendant of the transfer of the said claim.

E. The principal of the instant loan claim as of June 12, 2017 is KRW 4,500,000, and the interest in arrears is KRW 10,184,400 (=the interest in arrears amounting to KRW 114,041), and the cost is KRW 42,960,00.

2. According to the above facts of determination as to the cause of the claim, the Defendant seeks to claim for KRW 14,727,360 (= KRW 10,184,400, KRW 42,960) to the Plaintiff, the transferee of the instant loan claim, and KRW 4,50,00 among them.

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