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(영문) 서울중앙지방법원 2015.05.13 2015나6097
양수금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. In the first instance trial, the Plaintiff sought payment of the principal and interest of the bonds acquired from the new card company (hereinafter “stock company”) and the national card, modern capital, lot Capital, Korea Cze Group Capital, Bath Capital, HK Mutual Savings Bank, and the principal and interest of the bonds acquired from the Samsung Card, and the principal and interest of the bonds acquired from the Korea Financial Savings Bank. The first instance court dismissed only the part of the bonds.

Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the part of the claim.

2. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 3, 20, and 23 as to the cause of the claim, the Defendant borrowed 4 million won from the Korea Financial Savings Bank at the rate of 38.9% per annum and 39% per annum; the Korea Financial Savings Bank transferred the above principal and interest of the loan to the Defendant (hereinafter “ ② to the Plaintiff on June 28, 2013; the Plaintiff, who is delegated with the authority to notify the transfer of the transfer of the credit by the Korea Financial Savings Bank, notified the Defendant of the transfer of the transfer of the credit; ② as of February 23, 2014; ② as of February 23, 2014, the principal and interest of the credit are 6,282,986 won (i.e., principal 3,87,620 won, interest 2,405,366 won per annum; ② as of delayed interest rate per annum as determined by the Plaintiff within the agreed interest rate per annum.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the principal and interest of the assignee-paid claim amounting to KRW 6,282,986 and damages for delay calculated at the rate of 17% per annum for the Plaintiff from February 24, 2014 to the date of full payment.

3. Accordingly, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the part against the plaintiff in the judgment of the court of first instance is unfair on the grounds of its conclusion, and thus, it is revoked and the defendant is ordered to pay the above money recognized to the defendant.

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