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(영문) 서울남부지방법원 2018.07.10 2017가단204883

양수금

Text

1. The defendant shall pay 80,686,625 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. The Defendant, on April 11, 2008, sold the above apartment E from D, etc. (hereinafter “execution company, etc.”) which is a Co., Ltd. (hereinafter “execution company, etc.”)

B. For the payment of intermediate payment, the Defendant received each of the loans from the F Bank on July 8, 2008, KRW 57,000,000 from the F Bank on March 5, 2009, KRW 222,19,000,000 from March 5, 2009 on February 28, 201 (hereinafter the “instant loan”), and then the executor jointly and severally guaranteed the obligation of the instant loan.

C. However, the Defendant did not pay interest on the instant loan from December 31, 2011.

On December 26, 2013, the F Bank transferred the instant loan, interest thereon, and damages for delay to G Limited Company (hereinafter referred to as “G”), and notified the Defendant of the assignment of the said loan.

E. On March 21, 2014, the executor, etc. cancelled the sales contract on the grounds of the Defendant’s nonperformance of obligation to pay the remainder, and sold the said subparagraph again to a third party. On March 21, 2014, the executor, etc. repaid to the F Bank the principal equivalent to the principal and interest of the instant loan (hereinafter “instant payment”).

F. The instant repayment was appropriated to repay the principal out of the principal and interest of loan according to the agreement between the executor, etc. and the F Bank.

G. On January 22, 2016, G transferred the interest on the instant loan and delayed payment damages to the Plaintiff, and notified the Defendant of the assignment of the said claim on January 28, 2016.

H. Meanwhile, with respect to the instant loan from December 31, 201 to February 29, 2012, the interest accrued from December 31, 2011 (hereinafter “instant interest”) totaling KRW 2,684,443 (hereinafter “instant interest”), and damages for delay on February 2012 pertaining to the interest on January 2, 2012 shall be KRW 13,484 (hereinafter “instant damages for delay”), and damages for delay from March 1, 2012 to March 21, 2014 for the instant loan shall be KRW 80,686,625 (hereinafter “instant damages for delay”) and shall be KRW 83,384,52, totaling the interest and damages for delay.