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(영문) 서울중앙지방법원 2015.08.13 2014가단165561

양수금

Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 221,315,716 and KRW 86,610,562 among them. < Amended by Presidential Decree No. 2542, Jul. 21, 2014>

Reasons

1. Determination as to the claim against Defendant A

A. Each of the following facts may be acknowledged either as a dispute between the parties or as a whole by adding up the purport of the entire pleadings to the entries in Gap evidence 1-1, Gap evidence 2, 3, Gap evidence 4-1, 2, Gap evidence 5, 10, 13, and Gap evidence 18 to 22:

1) On September 29, 2010, Do Resident Savings Bank Co., Ltd. (hereinafter “Do Resident Savings Bank”) changed from September 29, 201 to the above trade name.

hereinafter referred to as "Do private savings bank"

(1) On March 11, 2010, Defendant A at an interest rate of KRW 550,00,00 per annum, 10% per annum, 18% through 20% per annum (the agreed interest rate of KRW 8% per annum, 9% per annum from three months to six months after the date of delay, and 20% per annum from the agreed interest rate of KRW 550,00,00 per annum, and the due date of payment on March 11, 201 (hereinafter “the instant loan”).

2) On the same day, the Do Private Savings Bank completed the registration of the creation of a collateral security (hereinafter “mortgage”) with respect to the real estate, etc. located in the Do private savings bank located in Seocheon-si, Seocheon-si, Inc. owned by the Defendant A, and the debtor A and the Do private savings bank located in the debtor A and the Do Private Savings Bank.

3) The instant loan was extended two times on September 11, 2012 by the due date, and the interest rate was changed to 11% per annum at the time of the extension of the due date. 4) On August 26, 2011, the Financial Services Commission decided to transfer part of the assets and liabilities of Do private savings banks, including the instant loan claims, to the Plaintiff pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and publicly announced the details thereof on August 29, 201.

5) On February 20, 2014, the Plaintiff exercised the instant right to collateral security upon the arrival of the due date for the instant loan claims, and was reimbursed KRW 86,610,562 as of July 20, 2014. As of July 20, 2014, the principal amount of the instant loan claims remains in KRW 134,705,154. (B) According to the above facts, Defendant A, a transferee of the instant loan claims, was 221,315,716 won (= KRW 86,610,562 won), 134,705,154 won as to the principal amount of the instant loan claims, and 134,705,154 won as to interest or overdue interest.