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(영문) 서울중앙지방법원 2021.02.03 2020나5609
양수금
Text

The judgment of the first instance court is modified as follows.

A. The defendant's successor 1,243,290 Won and its 1,107.

Reasons

1. Basic facts

A. The Defendant delayed the payment of the principal amount of the loan amount of KRW 4,287,828 of Non-Party D Co., Ltd. (hereinafter “D”) from April 14, 2003 to April 21, 2003 as to KRW 7,00,00,00, respectively, and the Defendant delayed the payment of the principal amount of the loan amount of KRW 1,107,905 on September 21, 2005 to Non-Party E Co., Ltd. (hereinafter “E”), and lost the interest of KRW 1,107,90 on October 21, 2005.

B. On June 11, 2010, the Plaintiff received each of the above loans from D and notified the Defendant of the transfer of the above loans by content-certified mail on December 3, 2010. On April 10, 2009, the Plaintiff delegated the right to receive the above loans from E and notified the Defendant of the transfer of the above loans by content-certified mail. On December 2, 2009, the Plaintiff notified the Defendant of the transfer of the above loans by content-certified mail.

(c)

Plaintiff

On January 26, 2018, the succeeding intervenor re-transfered each of the above loans claims (hereinafter “each of the instant claims”) from the Plaintiff, and notified the Defendant of the transfer of the said claims by content-certified mail on April 19, 2018 upon delegation by the Plaintiff of the notification of the transfer of claims.

(d)

The sum of the principal amount of each of the instant claims = KRW 12,395,73 [The sum of the balance of the principal amount of D = KRW 11,287,828 won (= KRW 4,287,828 won 7,00,000) E’s principal amount of the loan up to September 14, 2010] is KRW 13,910,491 won (=12,395,73 won) and the sum of the balance of the loan principal amount up to September 14, 2010 is KRW 17% per annum for delayed damages after September 14, 2010.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-2, Gap evidence No. 2-1-3, Eul evidence No. 2-2, Eul evidence No. 2-2, and the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Defendant’s assertion that the Plaintiff succeeded to the Plaintiff constituted a total of KRW 13,910,491 won and the balance of the principal of the loan until September 14, 2010, as well as the total of KRW 12,395.

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