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(영문) 부산지방법원 동부지원 2018.08.29 2018가단206129
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 113,766,208 and KRW 33,556,978 from February 28, 2018 to the date of full payment.

Reasons

1.The following facts of recognition do not conflict between the Parties:

The defendant did not pay the loan while entering into a contract corresponding to each loan item between the financial institutions listed below and the financial institutions listed below, and the loan balance and overdue interest accrued as of February 27, 2018 are listed below.

Serial 1,524,400,547,387 2. 7. 3 July 1, 2003, 203, the card loan loan loan loan loan loan of 3 Modl Capital 3,874,5869,283,836 on May 26, 2003, 203, 17,950, 478,493, 493, 201, 207, 207, 7, 5067, 507, 308, 197, 197, 305, 197, 196, 195, 197, 196, 197, 196, 305, 207, 207, 306, 196, 306, 197, 196, 375, 275,29638.

B. On May 13, 2005, a limited liability company specializing in Desira-backed securitization (hereinafter “foreign company”) received each of the above claims from the pertinent financial institution, and notified the Defendant of the assignment of claims in accordance with Article 7(1) of the Asset-Backed Securitization Act on June 16, 2005.

C. On May 3, 2007, the non-party company filed an application against the defendant for a payment order claiming payment of each of the above claims with Seoul Eastern District Court Decision 2007 tea1307, and on May 3, 2007, the above court ordered the payment order stating that "the defendant shall pay to the non-party company 52,868,702 won and 33,737,390 won with 17% interest per annum from May 8, 2007 to the day of complete payment."

After that, on January 26, 2018, the Plaintiff received the assignment of each of the above claims from the non-party company, and received delegation of the authority to notify the assignment of claims from the non-party company, and notified the Defendant of the assignment of claims on March 8, 2018.

2. Determination:

A. According to the above facts, the Defendant’s final transferee of each of the above claims (i.e., KRW 33,556,978 overdue interest of KRW 80,209,230) and the remainder of the loan amount of KRW 33,556,978 on February 28, 2018 following the above basic date.

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