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(영문) 서울남부지방법원 2018.04.03 2016가단244945

양수금

Text

1. The defendant shall pay to the plaintiff KRW 104,457,334.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On January 22, 2008, C Co., Ltd. (hereinafter “C Bank”) entered into an agreement with the executor and the contractor (hereinafter “execution company, etc.”) on a loan agreement with respect to E apartment buildings being constructed in the zone D in Yongsan-gu, Yongsan-gu, Yongsan-gu (Seoul).

B. On November 28, 2008, in accordance with the above part payments loan agreement, C Bank extended the interest rate of KRW 278960,000 to the Defendant, who is the buyer of the above apartment building F (hereinafter “instant loan”), to KRW 1.85% of the CD 1.85% of the interest rate, and the delayed interest rate was set at the rate of the change determined by reflecting the market interest rate, the due date for repayment was February 28, 201, and thereafter, the said period for repayment was extended to March 30, 2012.

C. However, the Defendant did not pay interest and lost the benefit of time on March 1, 2012.

C Bank, on December 24, 2013, 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 said assignment of claims on December 30, 2013.

E. On May 22, 2013, enforcement companies, etc. cancelled a sales contract concluded with the Defendant, and re-sale the above F F to a third party. On December 27, 2014, they repaid the principal out of the instant loans with the sales price.

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

G. Meanwhile, the interest accrued from December 31, 201 to February 29, 2012 with respect to the instant loan from February 201, 201, and damages for delay incurred from the following day to December 26, 2014 (hereinafter “interest, etc.”) are KRW 106,974,651 in total.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 5, 9, Eul 1, 4 and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay 106,974,651 won to the plaintiff, barring special circumstances.

B. The defendant's assertion