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(영문) 서울남부지방법원 2016.04.08 2016가단205094

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 46,931,410 and KRW 22,00,00 among them, annually, from December 29, 2015 to the full payment.

Reasons

1. Basic facts

A. On July 29, 2003, the non-party Seocho-gu Saemaul Savings Depository rendered a general loan of KRW 30 million with the interest rate of 9% per annum, 22% per annum, and 30 million per annum on May 29, 2004 on the date of final repayment (hereinafter “instant loan”). On May 29, 2006, the term of the loan was changed to 9.5% per annum on May 29, 2007.

B. As of August 7, 2015, the principal and interest of this case, the Defendant did not pay as of August 7, 2015, is KRW 46,931,410 (=interest of KRW 24,931,410).

C. On March 12, 2007, the Seocho-gu Saemaul Savings Depository transferred the claim against the Defendant to the National Federation of Saemaul Cooperatives (the title to the National Federation of Saemaul Savings Depository) and the National Federation of Saemaul Savings Depository to the Plaintiff on August 7, 2015, respectively. Around September 14, 2015, the Defendant notified the Defendant of each of the above transfers.

[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts, the Defendant is liable to pay to the Plaintiff damages for delay at the rate of 15% per annum from December 29, 2015 to December 29, 2015, which is the day following the day when the order of payment order was served to the Defendant, as requested by the Plaintiff, with respect to the sum of KRW 46,931,410 of the principal and interest of the instant loan and KRW 22 million of the outstanding principal.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.