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(영문) 서울중앙지방법원 2017.01.11 2016가단5104855

양수금

Text

1. The Defendant’s KRW 21,922,221 and KRW 20,209,150 among the Plaintiff, within the scope of KRW 60,000,000, shall be limited to KRW 20,209,150.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Our Bank Co., Ltd. (hereinafter “Korea Bank”);

) On November 14, 2012, P&A Co., Ltd. (hereinafter “P&A”) health for the daily life of P&A Co., Ltd.

2) The Plaintiff lent KRW 50,000,000 to the Plaintiff for the purpose of “general funds for business facilities” (hereinafter “instant loan”).

(2) On the same day, the Defendant concluded a limited contract with the maximum amount of collateral guarantee as “65,00,000 won,” with the type of transaction as “corporate ordinary loan” and “65,000,000 won.” 2) The instant loan was transferred in sequence to the Union Asset Management Co., Ltd. on December 17, 2014, and the Plaintiff on December 30, 2014, and the credit transfer notification was given to the non-party company around that time.

3) As of February 23, 2016, the balance of the principal and interest of the instant loan as of February 23, 2016 is KRW 21,922,221 (i.e., principal amount of KRW 20,209,150) (i.e., interest of KRW 1,713,071). [Grounds for recognition: the fact that there is no dispute, each entry of subparagraphs A1 through 5 (including number), and the purport

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from April 13, 2016 to the date of full payment of the principal amount of KRW 21,922,221 and the principal amount of KRW 20,209,150, which is the following day of service of the instant complaint, within the limit of KRW 60,000,00,000, which is the limit of the amount of collateral guarantee.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff’s loan as stated in the attached Form (hereinafter “instant loan”).

(2) Therefore, the Plaintiff’s claim is unreasonable, based on the following: (a) although all of the instant loans were recoverable based on the right to collateral security established to secure collateral security, the Plaintiff failed to report his/her credit, and thus was unable to receive

B. Fact-finding 1) The Bank lent KRW 820,000,000 on October 26, 2012, which was prior to the occurrence of the instant loan to the non-party company, to the non-party company for the purpose of “general funds for business facilities” (hereinafter “the instant case”).