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(영문) 서울중앙지방법원 2018.03.14 2017나58566
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 12,408,143 as well as KRW 2,982,216 as to the Plaintiff on August 27, 2016.

Reasons

Comprehensively taking account of Gap evidence Nos. 1 through 5 as to the cause of the claim, the Orren support-backed securitization company specialized in the transfer of claims against the defendant against the defendant on October 18, 2006 by filing a lawsuit against the defendant for the payment of the transfer money under the Seoul Central District Court 2006Gada1419338, and notified the defendant of the transfer of the claim to the defendant on October 18, 2006, "the defendant shall pay to the defendant 6,456,304 won and 2,982,216 won per annum from March 1, 2006 to the day of full payment." On October 25, 2006, the Orren support-backed securitization specialized company transferred its claims against the defendant to Solomon Mutual Savings Bank to the defendant on October 25, 2006, notified the defendant of the transfer of the claim to the defendant on June 29, 2016, and notified the defendant on June 29, 20016.

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 17% per annum for the Plaintiff from August 27, 2016 to the date of full payment with respect to KRW 12,408,143 and KRW 2,982,216.

The plaintiff's claim for conclusion shall be accepted with due reason.

The judgment of the court of first instance is unfair in conclusion with different conclusions, and it is so decided as per Disposition by cancelling it and ordering the defendant to pay it.

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