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(영문) 서울남부지방법원 2015.09.21 2015가합2462

양수금

Text

1. As to KRW 1,621,987,226 and KRW 675,041,56 among the Plaintiff and the Plaintiff’s KRW 675,041,56, Defendant A shall be from November 1, 2014 to September 21, 2015.

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of evidence Nos. 1, 3, and 5, Defendant A entered into a credit transaction agreement with the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) incorporated under the former Mutual Savings and Finance Company Act (amended by Act No. 6429, Mar. 28, 2001) on December 22, 1997, which provides that the credit limit is 2,100,000,000, and the credit period is up to December 23, 200; the interest rate is fixed as the interest rate fixed by the Korea Mutual Savings and Finance Company (hereinafter “the loan agreement of this case”); Defendant B entered into a credit transaction agreement with the Plaintiff on the loan of this case with the Defendant’s debt obligations under the loan contract of this case; Defendant A shall be deemed to have been transferred to the Plaintiff on June 30, 1998; Defendant B shall be deemed to have been transferred as joint and several surety loans of 00,000 won; Defendant A shall be deemed to have been transferred to the Plaintiff.

In addition, the Plaintiff voluntarily recognized that the principal of the instant loan 1 was repaid KRW 350,00,00,000,08,871 won on March 2, 1999, and KRW 19,087,945 won on November 25, 199, and KRW 314,903,184 on September 6, 2001. The principal of the instant loan 2 was repaid KRW 922,119,72 won on September 6, 2001, and KRW 52,838,712 won on February 27, 2013.

Therefore, the principal of the first loan of this case was all extinguished, and the second loan of this case still remains in the amount of 675,041,566 won (=1,650,000,000 - KRW 974,958,434).

B. As to the damages for delay on each of the loans in this case, the health deposit, and the plaintiff is a "Seungpo Mutual Savings and Finance Company" applicable to the loan contract in this case.