logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.29 2017나31417
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 4, and 6.

On November 24, 2010, Nonparty A&P lending Co., Ltd. (hereinafter “Nonindicted Company”) engaged in credit business entered into a loan transaction agreement with the Defendant on the lending limit of KRW 5,000,000 (the first loan amount of KRW 2,50,000), interest rate of KRW 38.81 per annum, interest rate of KRW 38.81 per annum, and interest rate of delay delay rate of KRW 38.81 per annum, and November 24, 2013.

(hereinafter “instant loan agreement” and “the instant loan claim” under the instant loan agreement. B.

The non-party company loaned KRW 2,50,000 to the Defendant on November 24, 2010, and KRW 50,000 each on January 15, 201, February 16, 201, and March 10, 201.

C. From February 4, 2012, the Defendant delayed payment of interest under the instant loan agreement and lost the benefit of time around that time. The principal of the loan under the instant loan agreement as of February 4, 2012 is KRW 2,225,545.

Meanwhile, on the other hand, on April 30, 2012, the non-party company transferred the instant loan claim to the ice Capital Loan Co., Ltd., and on February 22, 2014, the ice Capital Loan Co., Ltd. transferred the instant loan claim to the Plaintiff (the ice Loan Co., Ltd. and the ice Loan Co., Ltd. on March 10, 2014, the ice Loan Co., Ltd. was changed to the name on March 13, 2014, and the trade name was changed to the current trade name on April 22, 2014; hereinafter referred to as “Plaintiff”), and then sent a letter verifying the content of each of the instant credit assignment to the Defendant around that time.

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion is a legitimate transferee of the loan claim of this case, and the defendant is obligated to pay to the plaintiff the principal amount of the loan claim of this case and damages for delay.

(b) The assignment of a nominative claim shall be one-time, and the transferor shall not be notified to the obligor or shall not consent of the obligor.

arrow