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(영문) 서울중앙지방법원 2016.04.15 2015나28929
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 14,199,783 and KRW 3,378,557 among the Plaintiff and the Plaintiff’s KRW 3,378,557 on August 27, 2013.

Reasons

1. Facts of recognition;

A. On September 7, 2001, the Defendant borrowed 6,620,000 won from Samsung Card Co., Ltd. at 19% per annum.

B. Since then, as the Defendant lost the benefit of time by delinquency in the repayment of the above loans, Samsung Card Co., Ltd. transferred the above loans claims to a limited-liability company specializing in Postal Securitization, on March 31, 2008, to the promotion mutual savings bank, and the promotion mutual savings bank transferred them to the Plaintiff on April 10, 2009, and notified the Defendant of the above assignment of claims on December 2, 2009.

C. As of August 26, 2013, the principal of the above loan bonds is KRW 3,378,557, and interest is KRW 10,821,226.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claim in succession at the rate of 17% per annum as sought by the Plaintiff from August 27, 2013 to the date of full payment (=3,378,557 Won 10,821,226 Won) and damages for delay calculated at the rate of 17% per annum as claimed by the Plaintiff from August 27, 2013 to the date of full payment.

3. According to the conclusion, the plaintiff's claim of this case shall be accepted, and the judgment of the court of the first instance is unfair with different conclusions, so the court shall cancel this decision and issue an order to pay the above amount, but it is so decided as per Disposition pursuant to Articles 98 and 100 of the Civil Procedure Act with respect to the cost of lawsuit.

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