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(영문) 서울중앙지방법원 2017.05.29 2016나69637

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. 1) The captain’s credit union (hereinafter “the captain’s credit union”)

On June 11, 1996, 200,000 won was determined and lent to B on June 11, 1997 as repayment date, 15% of the interest rate, and 22% of the overdue interest rate, and the defendant guaranteed the above debt to B on the same day. (2) On October 30, 1997, 300,000 won was extended to B on October 30, 1997, and the interest and overdue interest rate was set at the rate set by the captain credit union. (30,000,000 won was loaned to B on June 30, 1997, and the defendant guaranteed the above debt to B on the same day.

3) The captain’s credit union was declared bankrupt, and on December 28, 2001, the bankruptcy trustee in the bankruptcy debtor’s credit union is deemed to be the Korea Reorganization and Finance Corporation (hereinafter “Korea Reorganization and Finance Corporation”).

(4) On November 29, 201, a so-called so-called “B”-called “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “B”-based “

5) As of August 24, 2016, the Plaintiff’s claim for the amount of the above-paid credit remains in KRW 17,485,538, overdue interest, KRW 71,967,477 as of August 24, 2016. Meanwhile, the interest for delay applied by the Plaintiff pursuant to Article 11 of the Regulations on the Management of Entrusted Credit with the Credit Counseling and Recovery Fund shall be 17% per annum. [Grounds for recognition] Evidence A (including the serial number, and the purport of the entire pleadings

B. According to the above facts of determination, the Defendant, barring any special circumstance, shall pay the Plaintiff the total amount of KRW 89,453,015 (i.e., the principal amount of KRW 17,485,538, etc.) (i.e., overdue interest of KRW 71,967,477), and the principal amount of KRW 17,485,538, which is the day following the date of the final calculation of overdue interest.