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(영문) 서울중앙지방법원 2017.07.13 2015가단5252276

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 191,606,58 and the amount of KRW 42,883,627 from July 13, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. On May 17, 2007, the Defendant entered into a loan transaction agreement with the new bank (hereinafter “new bank”) around the following: (i) around May 17, 2007, between the Defendant and the new bank (hereinafter “new bank”); (ii) the loan subject is a general loan; (iii) the loan amount is KRW 10,000,000; and (iv) the expiration date on May 16, 2008; (iv) the loan interest rate is 12% per annum; and (v) the interest rate in arrears is 21% per annum; and (iv) around January 20, 2009, the Defendant approved the application of the terms and conditions on personal credit card holders to the KB National Card Co., Ltd. (hereinafter “the National Card”)

B. In addition, on February 18, 2010, the Defendant entered into a loan agreement with the Korea Standards Doldrid Capital (hereinafter “SC Capital”); the type of loan is a house installment; the total amount of loan is KRW 440,00,000; the loan period is 30 years; the repayment method is 10 years; the repayment method is 3.0% per month; the repayment method is +3.0% within one year from the date of loan; the agreement rate is 1 year; the standard interest rate +4.0%; the overdue interest rate is 25% per annum; and the registration of establishment of a mortgage with the maximum debt amount is 528,00,000 won in the name of SC Capital in order to secure the loan obligations under the above loan agreement.

C. The defendant is the above A.

(b) Loan obligations, credit card loans, and credit card loans.

The overdue interest accrued until July 12, 2015, including overdue interest accrued until July 12, 2015, has been lost due to delay in the repayment of the principal and interest of the obligation under this subsection, as follows:

Until July 12, 2015), such as overdue interest on the balance of loans extended by a separate financial institution (up to July 12, 2015) 1 National Credit Card No. 933,334 won 425,765 won, 203 won 1,571,203 won 565,676 won of credit card No. 30,379,090 won of 30,50,500,994 won for ordinary loans extended by new bank No. 440,000 won in total, 7,230,526 won in total, 42,83,627 won 148,72,961 won.

D. Meanwhile, the national card and SC Capital Stock Company’s succession (JT Capital Company’s succession) around June 21, 2013, and the new bank on June 28, 2013, respectively.