beta
Text
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On April 8, 2002, Han Heavy Mutual Savings Bank Co., Ltd. (1) concluded a monetary loan agreement between the Defendant and the Defendant on April 8, 2002 on the lending limit of KRW 2,00,000, interest rate of KRW 200,000, and delay damages rate (for comprehensive passbook loan) with the interest rate determined by the Savings Bank. Accordingly, the Defendant’s loan (hereinafter “instant loan”).
(2) On July 8, 2005, the Korea Mutual Savings Bank transferred the instant loan claims against the Defendant to the Korea Financial Corporation (hereinafter “Korea Financial Corporation”) in accordance with the Financial Supervisory Commission’s decision to transfer contracts based on Article 14-2 of the former Act on the Structural Improvement of the Financial Industry (amended by Act No. 8265 of Jan. 26, 2007). The said Savings Bank and the Korea Financial Corporation publicly announced the summary of the said decision and the transfer of contracts in two or more daily newspapers.
3) On or around April 2007, the Seoul Central District Court filed a lawsuit (Seoul Central District Court 2007Gaso1499157) seeking payment against the Defendant as a transferee of the instant loan claim with the Seoul Central District Court (Seoul Central District Court 2007Gaso149157) and rendered on June 27, 2007 a judgment that “the Defendant shall pay to the Plaintiff 6,132,809 won and 2,316,853 won a year from October 12, 2005 to the day of full payment” (hereinafter “instant judgment”).
(4) The instant judgment was rendered on August 15, 2007, and thereafter, on May 31, 2012, the instant loan claim was finally transferred to the Plaintiff via Spanish Loan Co., Ltd., and the notification of the transfer to the Defendant was sent on August 28, 2012, and reached the Defendant around that time.
5 The loan claim of this case has already arrived at the due date, and as of October 31, 2012, the principal is 2,892,384 won in total, and the interest and delay damages are 2,316,853 won in total, and the interest and delay damages are 17% per annum.
B. The plaintiff.