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(영문) 의정부지방법원고양지원 2015.12.17 2014가합7292

사해행위취소 등

Text

1. The Defendant shall pay to the Plaintiff KRW 1,601,139,451 and the amount of KRW 1.5 billion among them, from September 19, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 18, 2012, the Plaintiff entered into a credit transaction agreement with the Defendant with “1.5 billion won, and the expiry date of the credit period: Interest rate on October 18, 2014: 10.5% until the expiration date of the credit period, and damages for delay (Article 3(5) of the General Terms and Conditions on Savings Bank Credit Transactions): 23% per annum (hereinafter “instant credit transaction agreement”), and around that time, lent KRW 1.5 billion to the Defendant.

B. Under the Credit Transaction Agreement, as of September 18, 2014, the Defendant’s debt amount as of September 18, 201 is KRW 1,601,139,451 in total, including principal KRW 1.5 billion and interest and delay damages (= KRW 1.51,139,451 in total).

[Grounds for Recognition] Facts of deemed confession (Article 150 (3) of the Civil Procedure Act)

2. According to the above facts of determination, the Defendant’s KRW 1,601,139,451 as well as KRW 1.5 billion as to the Plaintiff and KRW 22% per annum from September 19, 2014 to the date of full payment shall be deemed to be a clerical error of 22% per annum.

(2) The Plaintiff is obligated to pay the amount of money calculated by the rate of damages for delay under the credit transaction agreement of this case and at the same rate as the Plaintiff seeks.

The claim of this case is justified and accepted.