logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.03.25 2014나44458
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The Defendant’s KRW 11,176,038 and KRW 5,623 among the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of pleadings as a result of the fact-finding conducted by the court below on Gap evidence Nos. 1 through 6 (including additional numbers), the defendant received loans from Busan Bank on Dec. 31, 2001, from the National Card on Nov. 15, 2004, and from August 8, 2003, respectively, from the National Card on Aug. 21, 201, and the plaintiff acquired the principal and interest of loans from each of the above financial institutions on Jun. 21, 2013. The plaintiff was notified of the fact of the transfer from each of the above transferor on Dec. 12, 2013. The plaintiff's total amount of the Plaintiff's credit acquisition amount was 15,820,390 won (= Principal amount was 9,423,386 won, 6,397,04 won) and the annual overdue interest rate is 17%.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 15,820,390 as well as the principal amount of KRW 9,423,386, the damages for delay calculated at the interest rate of 17% per annum from December 13, 2013 to the day of full payment, as sought by the Plaintiff, from the base date for calculating the acquisition amount of the above bonds to the day of full payment.

2. If so, the plaintiff's claim of this case should be accepted on the ground of its reason. Since the part against the plaintiff among the judgment of the court of first instance which partially different conclusions is unfair within the scope of the judgment, the plaintiff's appeal is accepted, and the part against the plaintiff which ordered additional payment in the judgment of the court of first instance against the defendant is revoked, and it is so decided as per Disposition by ordering

arrow