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(영문) 서울서부지방법원 2019.02.21 2018나39284
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 29, 2013, the Defendant was granted a loan with the amount of KRW 3,00,000 due date from C Co., Ltd., a credit service provider, which completed authorization and permission or registration in accordance with relevant Acts and subordinate statutes, and the amount of KRW 3,00,000 due date for repayment, and the interest rate and the rate of delayed damage rate are 36.5

B. On May 29, 2015, C Co., Ltd. transferred to D Co., Ltd. claims for loans to the Defendant (hereinafter “instant claims”) and sent to the Defendant a written notice of assignment of claims indicating the purport of the assignment of claims by content-certified mail on June 2, 2015.

C. On September 11, 2017, D Co., Ltd transferred the instant claim to the Plaintiff, and sent to the Defendant a written notice of assignment of claims indicating the purport of the assignment of claims by content-certified mail on October 10, 2017.

As of March 27, 2018, the sum of principal and interest of the instant claims as of March 27, 2018, including the principal amount of KRW 2,551,637, reaches KRW 6,323,590.

[Reasons for Recognition] No dispute, each entry of Gap evidence 1 to 4 (including paper numbers) and the purport of the whole pleading

2. According to the facts seen earlier prior to the determination of the cause of the claim, the instant claim was lawfully transferred from C Co., Ltd. to the Plaintiff, and the assignment notification as a requisite for setting up against the Plaintiff was lawful.

As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 36.5% per annum, which is the agreed rate of 6,323,590 won in total, and of 2,551,637 won in principal, from March 28, 2018 to the date of full payment.

3. The judgment of the defendant's assertion is not only hindering the plaintiff's legitimate exercise of rights, but also seriously infringing the defendant's interest by unfairly handling the case. The defendant's argument is not only in the case where the plaintiff abused power as a pro-Japanese criminal organization, but also in the case where the defendant seriously infringed the defendant's interest by abusing power.

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