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(영문) 서울중앙지방법원 2016.10.21 2014가합517039
양수금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 483,015,939 and KRW 106,51,963 among them. From March 6, 2014, Defendant A Co., Ltd. shall be fully paid to the Plaintiff.

Reasons

1. Claim against Defendant A corporation

A. The facts of recognition are as follows: (a) Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into an agreement on current-party loan transactions with the Seoul Bank on Jan. 20, 1998, and entered into a credit card contract on Dec. 31, 1993; (b) entered into an agreement on the use of a credit card on Dec. 31, 1993 to pay damages for delay calculated at the rate set by the bank; (c) the Defendant Co., Ltd. did not pay part of its loans and credit card bills to the bank; (d) the Plaintiff acquired all of the above claims from the non-party Co., Ltd. on Sep. 17, 199; and (e) the Plaintiff notified the Defendant Co., Ltd. on Sep. 27, 199; and (e) the non-party Co., Ltd.’s loan interest rate from 20% to 20% from 20.15% per annum, 2013 to 19.25% per annum.

B. According to the facts of the determination as to the cause of the claim, the Defendant Company: (a) calculated at the rate of 19% per annum from March 6, 2014 to the date of full payment with respect to KRW 483,015,939, total amount of the principal of the loan and the remainder of the principal of the loan among the Plaintiff, a transferee of the loan and credit card payment claim of Nonparty Bank; and (b) calculated at the rate of 19% per annum from the date following the date of final delivery of the copy of the instant complaint to the date of full payment (the Plaintiff is on September 25, 2015).

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