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(영문) 서울중앙지방법원 2019.06.04 2018나59733 (1)
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the intervenor succeeding to the plaintiff 19,103,560 won and 10,000 among them.

Reasons

1. Facts of recognition;

A. On August 25, 199, the Defendant made an agreement with D Co., Ltd. (hereinafter “D”) on a general loan agreement (hereinafter “instant loan agreement”) with a rate of 18% per annum, and on August 25, 2000, extended a loan of KRW 10,000,000 from D (hereinafter “the instant loan agreement”), and extended on August 21, 2000, only the loan date of D and the said loan agreement on August 25, 2001.

B. D transferred the instant loan claims to E on August 3, 2001, notified the assignment of claims on August 20, 2001, and on November 21, 2002, E transferred the instant loan claims to the Plaintiff on November 21, 2002, and notified the assignment of claims on December 23, 2002.

C. On August 28, 2012, the Plaintiff’s succeeding intervenor transferred the claim for the instant loan from the Plaintiff, and received notification from the Plaintiff, and notified the assignment of claim on April 23, 2018.

The terms and conditions of bank credit transactions applicable to the instant loan agreement (hereinafter “instant terms and conditions”) are as follows.

Article 7 (Duty of Repayment before Due Date) of the General Terms and Conditions for Credit Transactions (Liability of Payment before Due Date) (2) In any of the following cases with respect to a debtor, the debtor is naturally liable to pay the due date for such obligation, and the debtor is obligated to pay that due date.

However, the bank shall notify the obligor of the fact that the following obligation delay and the benefit arising therefrom are lost not later than three business days prior to the date of loss of the benefit due, and if the obligor fails to notify by not later than three business days prior to the date of loss of the benefit due, the obligor will be obliged to pay (or performance) the benefit due after the lapse of three business days from the date of actual notification:

1. When interest is delayed for one month continuously from the time when the interest is payable;

E. At the time of June 1, 2006, the Defendant paid 19,103,560 won to the Plaintiff as the principal and interest of this case.

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