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(영문) 인천지방법원 2015.11.12 2015나56154
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Basic facts

A. On June 4, 2004, the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) received a payment order (hereinafter “the instant payment order”) from the Defendant, which received on June 22, 2004, “the payment order was finalized on January 7, 2005, with the rate of 24% per annum from May 14, 2004 to the date of full payment for KRW 16,946,865 out of KRW 19,826,681 and the above amount.”

(hereinafter referred to as the “instant claim”) b.

On October 31, 2005, the foreign exchange bank transferred the outstanding principal, 5,940,484 won, interest, and delay damages of the instant bonds to the social loan company (hereinafter “mutual funds”) that raised the dynamic wave, and issued a notice of assignment of claims to the Defendant by content-certified mail on November 22, 2005.

C. On November 1, 2010, the social community of the Eastyang transferred the instant bonds (e.g., principal 5,911,884 won, interest, and delay damages) to Tweon Loan Co., Ltd. (hereinafter “Tweon”) and sent a notice of assignment of claims to the Defendant by content-certified mail on November 8, 2010.

On April 30, 2012, Teyi transferred the instant claim (e.g., principal repayment amount of KRW 5,911,884, interest and delay damages) to the Credit Recovery Fund (hereinafter “Credit Recovery Fund”), and received delegation of the power to notify the assignment of claim from Teyiii (hereinafter “Credit Recovery Fund”), and sent the notice of the assignment by content-certified mail to the Defendant around that time.

E. On March 29, 2013, the Plaintiff was the Fund launched by converting the Credit Counseling and Recovery Fund into the Credit Counseling and Recovery Fund. On November 7, 2014, the Plaintiff acquired the instant claim from the Defendant on April 30, 2012, and transferred the instant claim (e.g., principal repaid,91,884 won, interest, and delay damages) to the Defendant, and the Plaintiff sent a notice of assignment to the effect that the assignment of claim is notified upon delegation of the authority to notify the assignment of claim from Taton by mail by content-certified mail.

F. Claim of this case

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