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(영문) 서울중앙지방법원 2015.07.21 2014나49134

양수금

Text

1. Revocation of a judgment of the first instance;

2. Based on the reduction of claims in the trial, the defendants shall jointly and severally make the plaintiff 23,369.

Reasons

1. The following facts do not conflict between the parties, or may be recognized in full view of the respective entries and arguments in Gap evidence Nos. 1, 2, 4, and 6 (including each number), and the whole purport of the arguments.

On December 14, 1999, the Housing Credit Union provided loans of KRW 10,000,000 to Defendant A with the interest rate of KRW 14.25% per annum and damages rate of KRW 20.0 per annum on December 14, 2000 on the expiration date of the lending period.

(hereinafter “The First Loan”). On the same day, the Housing Credit Union granted a loan of KRW 15,00,000 to Defendant A for the same day at the rate of KRW 13.75% per annum on December 13, 2001, interest rate of KRW 13.75% per annum, and damages for delay rate of KRW 20.0 per annum.

(hereinafter “instant Second Loan”). Defendant B and C on the same day jointly and severally guaranteed each of the instant First and Second Loans.

B. On December 29, 2008, the Maritime Credit Union merged the Housing Credit Union.

On June 21, 2013, the Maritime Credit Union transferred each of the remaining claims of the loans No. 1 and 2 in this case to the Plaintiff (the Credit Counseling and Recovery Fund, Inc.).

On December 31, 2013, the Plaintiff notified Defendant A of the authority to notify the assignment of the above assignment of claims.

C. As of December 10, 2013, the remaining details of loans Nos. 1 and 2 of this case are as listed in the following table:

D E

2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally take over the Plaintiff the remaining amount of KRW 23,369,313 as of December 10, 2013 (i.e., the remaining amount of KRW 9,091,063 as of December 10, 2013 (i.e., the late payment damages calculated at the rate of 17% per annum from May 31, 2013 to December 9, 2013; and (ii) KRW 12,350,830 as of May 31, 2013 to December 9, 2013; and (iii) the remaining principal of the loan claim of KRW 17% per annum from May 31, 2013 to December 12, 2013 to KRW 21,110,221) (i.e., the total amount of KRW 130,1931,2930).30