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(영문) 서울중앙지방법원 2016.05.27 2015나67634
양수금
Text

1. Of the judgment of the court of first instance, the following payments shall be made with respect to the claim under Paragraph 3 of the list of claim acquired in attached form.

Reasons

1. The scope of this Court’s adjudication is as shown in the list of transfer receivables as shown in the separate sheet of transfer receivables. The Plaintiff sought payment from the Defendant for each transfer of credit cards, Hon loan assets management company, and Solomon Mutual Savings Bank. The court of the first instance rejected the claim as to the transfer of credit cards, Hon loan assets management company, and the claim as to the transfer of credit from Solomon Mutual Savings Bank.

Therefore, since only the plaintiff appealed against the losing part, the subject of the judgment of this court is limited to the claim on the principal amount of 4,081,280 won and interest interest interest of 9,619,958, which are claimed to have been acquired from Solomon Mutual Savings Bank dismissed by the court of first instance.

2. Determination as to the cause of action

A. 1) On November 4, 2008, Solomon Mutual Savings Bank filed a lawsuit claiming acquisition amount against the Defendant under Seoul Central District Court 2008da2815667, and on March 25, 2009, sentenced the above court to "the Defendant shall pay to Solomon Mutual Savings Bank 8,896,621 won and 4,081,280 won with interest of 20% per annum from July 9, 2008 to the day of full payment." The above judgment became final and conclusive on April 24, 2009, and 2) Solomon Mutual Savings Bank transferred its claim to the Plaintiff on December 10, 2009, and notified the Defendant of the assignment of the above claim at that time.

3) As of January 29, 2015, the claim for the said judgment amounting to KRW 13,701,238 in total (i.e., the principal amount of KRW 4,081,280 in delay damages amounting to KRW 9,619,958.

(4) According to the Plaintiff’s business regulations on the credit recovery fund trustee’s credit management business, the agreed interest rate on the purchase claim is to apply 17% per annum within the limit of the original agreed interest rate.

[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant.

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