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(영문) 서울중앙지방법원 2018.05.01 2017나75424
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

[Claim]

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 4 (including the number with each number), the National Bank of Korea set and lent KRW 790,000 to the defendant on June 17, 2009, KRW 14.8% per annum for delayed damage, the National Bank of Korea transferred the above loan claim to Myd Asset Management Co., Ltd and Han Bank on November 12, 2013, and Han Bank transferred the above transferee's status as the above transferee to Korea Securities Finance Co., Ltd., Myd Asset Management Co., Ltd., and the Korea Securities Finance Co., Ltd. transferred the above loan claim to the first Specialized Limited Co., Ltd. on December 4, 2013, and the Eul Specialized Asset Securitization Co., Ltd. transferred the above loan claim to the plaintiff on February 27, 2017, and notified the defendant of each of the above transfer.

On the other hand, from September 17, 2014 to September 17, 2014, the principal exceeding KRW 24,120,816 has been already repaid.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,120,816 and the amount of delay damages at each rate of KRW 14.8% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, from September 18, 2014, to July 12, 2017, on which the original copy of the instant payment order was served.

If so, the plaintiff's claim shall be accepted on the ground of the reason.

The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is groundless.

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