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(영문) 서울중앙지방법원 2015.03.26 2014가합566451

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from March 8, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 19, 208, Han Bank Co., Ltd. (hereinafter “I Bank”) granted a loan to the Defendant by setting the maturity of KRW 100 million on May 20, 201, and KRW 17% per annum. ② Around April 30, 2010, the maturity of KRW 600 million on April 30, 2013, the interest rate of KRW 11.17% per annum, and the delay interest rate of KRW 17% per annum (19% per annum where the delay period is at least three months). ③ around January 12, 201, around 2000, KRW 2770 million per annum and KRW 17% per annum (in cases where the delay period is at least three months, 19% per annum) was set and extended as KRW 19% per annum.

B. On September 26, 2011, the Han Bank notified the Defendant of the transfer on September 27, 201 and issued the notification to the Defendant around that time. The Han Bank notified the Defendant of the transfer on September 27, 201.

C. On February 18, 2014, a special purpose company transferred each of the above loans to the Plaintiff, and notified the Defendant of the above transfer on March 14, 2014, and the above notification was delivered to the Defendant around that time.

The remaining principal of each of the above loans is KRW 781,791,950 in total, and the principal and interest until May 26, 2014 are KRW 1,144,164,342 in total.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as the obligor, is obligated to pay to the Plaintiff, as the assignee, the principal of KRW 200,000,000 among the total principal and interest of each of the above principal and interest of KRW 1,144,164,342, as well as damages for delay calculated at the rate of 20% per annum from March 8, 2015 to the day of complete payment, which is the day following the delivery of a copy of the application for modification of the purport of the claim of this case and the cause of the claim of this case

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.