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(영문) 서울남부지방법원 2016.05.27 2016가합102437

양수금

Text

1. The defendant shall pay to the plaintiff KRW 922,725,040 and KRW 300,000 among the costs, from February 12, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On December 31, 2001, the North Asia Saemaul Bank loaned a loan of KRW 300 million to the Defendant and B at the rate of 10.5% per annum on December 31, 2003 and at the rate of 19.8% per annum on delay damages (hereinafter “instant loan”).

B. On November 1, 2006, the North Asia Saemaul Bank filed a lawsuit against the defendant, etc. seeking the payment of the loan, etc. of this case under the Seoul Western District Court 2006Da80783, and in the above case, the defendant in the above case: (a) in order for the actual debtor C and its representative director D to avoid the restriction on the amount of loan to the same person under the Community Credit Cooperatives Act, the defendant, etc. as a formal principal debtor in order to avoid the restriction on the amount of loan to the same person under the Community Credit Cooperatives Act, and (b) understanding it, the defendant et al. was expressed as invalid as a false declaration of conspiracy.

Accordingly, on May 11, 2007, the above court rejected the defendant's above assertion and sentenced the judgment in favor of the defendant to the effect that "the defendant A shall pay 300 million won and 19.8% per annum from November 25, 2003 to December 4, 2006 and 20% per annum from the next day to the date of full payment" to "the defendant A shall pay the amount of 300 million won jointly and severally with the corporation C, E, and D, and the amount of money calculated at the rate of 19.8% per annum from the next day to the date of full payment." The above judgment was finalized on June 1, 2007.

C. On July 21, 2014, the North Asia Saemaul Bank transferred the instant loan claims to the Plaintiff. On November 19, 2014, the Plaintiff delegated the authority to notify the assignment of the instant loan claims from the North Asia Saemaul Bank, and notified the Defendant of the fact of the transfer of the instant loan claims by mail.

As of July 21, 2014, the principal and interest of the instant loan is KRW 300 million in principal, KRW 622,725,040 in delay damages, and KRW 922,725,040 in total.

[Ground of recognition] Facts without dispute, Gap 4, the purport of the whole argument

2. The defendant's judgment on the main defense of the defendant shall be subject to a condition that the extinctive prescription of the loan claim established by the above judgment remains more than one year.

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