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(영문) 서울북부지방법원 2018.05.31 2017나39427
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. Facts of recognition;

A. On August 8, 1997, the Defendant borrowed 50 million won from the Industrial Bank of Korea as the subject of financial bond loan, and on February 28, 1998, borrowed 30 million won as the subject of small and medium enterprise loan.

B. On April 20, 2004, the Industrial Bank of Korea transferred to the K non-partnership Co., Ltd. the claims for the loans of this case (hereinafter “the loans of this case”), and thereafter, the loans of this case were transferred to the Korea Development Bank to the Korea Development Bank of Korea on August 23, 2010 by its name as the Korea Development Bank of Dongyang Social Co., Ltd., Ltd., the social loan of this case was changed to the name of the Social Loan Co., Ltd. on August 23, 2010; the Korea Development Bank of Korea on April 1, 2015; and the Korea Development Bank of Korea on December 1, 2017, to the Korea Development Bank of Korea Development Bank of Korea.

On December 16, 2016, TNN loan was finally transferred to the Plaintiff on December 16, 2016, following the successive transfer of L&A loan, L&A loan, L&A asset management loan, and L&A loan.

The notice of assignment of each of the above claims reaches the defendant on March 4, 2016 and March 7, 2017.

C. Meanwhile, as of April 17, 2017, the sum of the principal and interest of the instant loan claims as of KRW 38,394,747 [The remainder of the principal of the loan principal as of August 8, 1997 [The interest rate of KRW 12,147,552 in interest rate of KRW 5 million in interest rate of KRW 12,147,552 in interest rate of KRW 5,756,023 in interest rate of the loan principal as of February 28, 1998].

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of the instant loan claims KRW 38,394,747 and the principal amount of KRW 10,756,023 ( KRW 5 million) from April 18, 2017 to May 12, 2017, when the original copy of the instant payment order was served on the Defendant, 5% per annum as prescribed in the Civil Act and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

3. The defendant.

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