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(영문) 서울북부지방법원 2015.11.17 2015나30174
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 2,427,411 and 1,461 among them.

Reasons

1. The scope of the judgment of this court in the first instance against the Defendant, the Plaintiff sought payment of the acquisition amount received from Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), and the Nshore Network Fisheries Cooperatives. The court of the first instance accepted only the claim for the payment of acquisition amount received from Nshore Network Fisheries Cooperatives among them, and only the Plaintiff appealed against it. Accordingly, the subject of the judgment of this court is limited to the claim for the acquisition amount received from Solomon Mutual Savings Bank.

2. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1, 2, 4, and 7 (including household numbers) as to the cause of the claim, the defendant was granted a loan of five million won from the Japanese bank on June 4, 2001 (hereinafter "Japan bank") and entered into a loan transaction agreement with the Japanese bank on June 4, 2004 with the repayment date, with the interest rate of 18% per annum on May 11, 2004; the Japanese bank transferred the above principal and interest claim to the Solomon Mutual Savings Bank on June 25, 2004; the plaintiff notified the defendant of the above transfer on June 1, 201; the plaintiff was delegated with the authority to notify the transfer of the above principal and interest claim on June 11, 201, and notified the defendant of the transfer of the above principal and interest on June 3, 2014; and the plaintiff's claim against the defendant on June 14, 2015; and

According to the above facts, the defendant is obligated to pay to the plaintiff the above amount of KRW 2,427,411 ( KRW 1,461,910 + KRW 965,501) and the principal amount of KRW 1,461,910 from March 19, 2014 to the date of full payment, with delay interest rate of KRW 17% per annum claimed by the plaintiff.

3. The plaintiff's claim of this case is justified.

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