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(영문) 서울북부지방법원 2020.02.18 2019나34082
양수금
Text

1. Revocation of a judgment of the first instance;

The Defendant’s KRW 38,064,130 and KRW 25,961,04 among the Plaintiff’s KRW 25,961,04 on April 19, 2018.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings in the descriptions of evidence Nos. 1-1, 2, 2, 3, 4-1, 2, 5, and 6.

C The Co., Ltd. shall lend to the Defendant the loan period of 36 months on September 23, 2015, the interest rate of 10.9% per annum, the interest rate of 25% per annum, and the interest rate of 11 million won per annum (hereinafter “instant loan claim”).

(2) On January 22, 2016, the loan period was 48 months, interest rate was 12.9% per annum, overdue interest rate was 25% per annum, and 22 million won was loaned.

(hereinafter “The instant loan claims” on January 22, 2016, and each of the above claims is referred to as “each of the instant loan claims.”

C. On September 2, 2016, the Bank of Korea transferred the loan claims on September 23, 2015, and 2) on July 4, 2016, the Bank of Korea transferred the loan claims on January 22, 2016.

C. As of September 2, 2016, as of September 23, 2016, the date of the transfer of the loan claim as of September 2, 2016, C has sent to the Defendant by content-certified mail a notice of assignment of the loan claim purporting to transfer the principal and interest of the loan claim amounting to KRW 4,845,94 (the principal principal amounting to KRW 4,677,591, KRW 591, interest/legal expenses, etc.) (168,353), and (2) as of July 4, 2016, as of July 7, 2016, the date of the transfer of the loan claim as of July 22, 2016, the notice of assignment of the loan claim amounting to KRW 22,102,246 (principal principal amounting to KRW 21,283,453,453,818,793, including interest/legal expenses).

D On July 7, 2017, the credit transfer notification authority was delegated to the Plaintiff by transferring all of the instant loans and the rights incidental thereto, and on July 27, 2017, the Plaintiff sent a notice of assignment to the Plaintiff by content-certified mail stating that the total sum of the principal and interest of each of the instant loans as of April 30, 2017, as indicated in the table below, is transferred to the representative of the Dispute Resolution Co., Ltd. as of April 30, 2017.

on September 23, 2015, the sum of principal and overdue interest and other costs for overdue interest in the credit 4,677,591 won 818,016 won 5,495,607 won.

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