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(영문) 서울북부지방법원 2018.11.08 2017가단132134
양수금
Text

1. As to KRW 67,604,725 and KRW 40,331,692 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from July 12, 2017 to November 8, 2018.

Reasons

1. Facts of recognition;

A. On May 13, 2009, Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) extended a loan to the Defendant on May 13, 2009 by setting the term of the agreement as of May 13, 2009, at the market interest rate of KRW 0.7% per annum, at the minimum of damages for delay, at 14% per annum, at the highest of 19% per annum, and at the highest of 19% per annum.

B. The Korea Exchange Bank concluded an additional credit transaction agreement with the Defendant on November 3, 2009 with a view to extending the term of the above loan agreement to November 3, 2009 and changing the interest to the market interest rate of 2.41% per annum.

C. On May 26, 2011, the Korea Exchange Bank notified the Defendant of the content-certified mail on June 23, 201, when it transferred the above loan claims to a limited liability company specializing in the 201-backed securitization. On March 20, 2015, the Korea Exchange Bank notified the Defendant of the said loan claims again on May 14, 2015.

Meanwhile, the above loans amount to KRW 40,331,692 as of July 11, 2017, interest KRW 27,273,063, and KRW 67,604,755 as of July 11, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The defendant's judgment on this safety defense is based on the plaintiff's claim collection company's lawsuit to collect claims by going against the intermittent value, so the assignment of claims is mainly engaged in litigation and thus null and void as it constitutes a trust in a lawsuit. Therefore, although there is no evidence to acknowledge this, the above defense is without merit.

3. Judgment on the merits

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant, barring any special circumstance, deems it reasonable for the Plaintiff to resist the existence and scope of the obligation to perform as to KRW 67,604,75 of the principal and interest of the loan, and the principal amount of KRW 40,331,692 from July 12, 2017, as of November 8, 2018.

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