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(영문) 서울중앙지방법원 2015.11.25 2015가단102215
양수금
Text

1. The Defendant’s KRW 81,913,971 and KRW 63,314,615 among the Plaintiff and the Plaintiff’s KRW 14,00 per annum from March 4, 2015 to May 8, 2015.

Reasons

1. Facts of recognition;

A. On May 20, 201, the National Bank Co., Ltd. (hereinafter “National Bank”) loaned KRW 117,000,000 to the Defendant (hereinafter “instant loan”). As of March 3, 2015, the instant loan amounting to KRW 81,913,971 (i.e., the principal and interest of the loan amounting to KRW 63,314,615 (i.e., KRW 18,59,356).

On the other hand, after March 4, 2015, the overdue interest rate on the instant loan is 14.31% per annum.

B. On November 6, 2012, a national bank notified the Defendant of the transfer of the instant loan claims by content-certified mail pursuant to an asset-backed securitization plan as stipulated under the Asset-Backed Securitization Act (hereinafter “Asset-Backed Securitization Act”) following the transfer of the instant loan claims to a joint asset management company (hereinafter “joint asset management”).

After November 29, 2012, the Union Asset Management transferred the instant loan claims to the Plaintiff under the confirmation of the National Bank on November 29, 2012. On December 3, 2012, the National Bank again notified the Defendant of the fact of final assignment of claims by mail verifying the content.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4 (including each number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 81,913,971 (i.e., the principal of the loan principal of KRW 63,314,615, interest KRW 18,59,356) and the principal of the loan principal of KRW 63,314,615, which is the day following the last interest calculation date, from March 4, 2015 to May 8, 2015, the record clearly shows that the original of the instant payment order was served on the Defendant. The Plaintiff’s claim for delay damages exceeding the annual interest rate prescribed by the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 9, 2015 to September 30, 2015 is without merit.

(b) this;

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