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(영문) 서울중앙지방법원 2016.03.16 2015가합2831

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 270,00,000 and the interest rate of KRW 17% per annum from December 12, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant entered into a credit transaction agreement with the Non-Party New Bank Co., Ltd. (hereinafter “Non-Party Bank”), with the loan amount of KRW 500 million on December 13, 201, with the loan interest rate of KRW 7.7% per annum, with the overdue interest rate of KRW 0% per annum (if the overdue interest period is not more than one month from the date of delinquency, KRW 0%, where the overdue interest rate is more than one month, KRW 1% if the overdue interest rate is less than three months, and KRW 2% if the overdue interest rate exceeds three months, plus each loan interest rate of KRW 19% per annum, ② a credit transaction agreement with the loan amount of KRW 280 million on May 30, 201, and KRW 280,000 as the loan interest rate of KRW 2.5% per annum under each of the above credit transaction agreements, and received a loan in accordance with each of the above credit transaction agreements.

(hereinafter) The above credit transaction agreement is "the credit transaction agreement of this case" and the credit transaction agreement of the non-party bank holds against the defendant pursuant to the credit transaction agreement of this case. B.

At the time of the conclusion of the instant credit transaction agreement, the Defendant and the Nonparty bank approved that the said credit transaction agreement is subject to the basic terms and conditions, and pursuant to Article 3(5) of the Bank Credit Transaction Basic Terms and Conditions, if the debtor delays the repayment of his obligations to the bank, the Defendant and the Nonparty bank paid damages for delay equivalent to the number of delayed days at the rate set by the bank within the limit set by the Acts and subordinate statutes. The Nonparty bank changed the maximum overdue interest rate from December 30, 201 to 17% per annum from 19% per annum.

C. In accordance with the instant credit transaction agreement, the Defendant lost the benefit of time due to delay in payment of interest while making transactions with the Nonparty bank.

On November 26, 2013, the non-party bank entered into a contract with the non-party Korea Securities Bank Co., Ltd. for the acquisition of assets on the instant loan claims. The non-party bank and the non-party Korea Securities Bank Co., Ltd. are between the Plaintiff on December 23, 2013 and the non-party.