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(영문) 서울북부지방법원 2018.04.06 2017나33450
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 July 3, 2015, the Defendant obtained a loan of KRW 15,00,000 from the E-value Savings Bank (hereinafter “E-value Savings Bank”) on a yearly basis, 24.9% per annum, interest rate and overdue interest rate, 60 months during the lending period, and interest and interest repayment method in equal repayment method (hereinafter “instant loan”).

B. On September 20, 2016, the NAK Savings Bank transferred the claim for the instant loan to the Plaintiff, and sent a notice of the transfer of claim to the Defendant on October 13, 2016, and received the above notice to the Defendant around October 21, 2016.

C. As of November 9, 2016, the Defendant lost the benefit of time due to the delinquency in paying the principal and interest of the instant loan, and as of November 9, 2016, the sum of the principal and interest of the instant loan claims is KRW 16,682,316 (= principal principal amount of KRW 13,963,060 and delay damages amount of KRW 2,719,256)

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 24.9% per annum from November 10, 2016 to the date of full payment, which is the agreed interest rate of 16,682,316 won in aggregate of the principal and interest of the instant loan claims and the principal of 13,963,060 won among them.

B. The defendant's assertion 1) The defendant suspended an objection against the assignment of claims by the AD Savings Bank to the contrary pursuant to Article 449 (2) of the Civil Act, which led to the prohibition of the transfer of claims for the loans of this case, and the plaintiff cannot seek payment of the amount to be transferred to the defendant. Article 449 (2) of the Civil Act provides that "a claim shall not be assigned if the parties have expressed an opposite intention, but shall not be set up against a third party acting in good faith by the parties' declaration of intent." This provision provides that "The assignment of claims shall not be set up against a third party acting in good faith,"

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