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(영문) 서울동부지방법원 2017.04.12 2016가단121704

양수금

Text

1. The Plaintiff:

A. Defendant A shall have full payment of KRW 29,00,000 and KRW 20,000 among them from January 4, 2003.

Reasons

Facts of recognition

On Nov. 4, 2002, the Korea Student Credit Union (hereinafter referred to as the "Korea Student Credit Union") set a loan of KRW 70 million to Defendant A at 18% per annum (60% per annum) under the joint and several sureties (Guarantee Limit of KRW 28 million per annum) by Defendant B. On April 3, 2003, the loans was made by setting the interest rate of KRW 9 million per annum to Defendant A at 18% per annum (the annual interest rate of KRW 30%).

The above loans amounting to KRW 70 million and damages for delay after January 4, 2003 were not paid. The above loans amount to KRW 9 million and damages for delay after August 6, 2003 were not paid. The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) that was appointed as trustee in bankruptcy from the non-party union filed a lawsuit against the Defendants on the claim for loans at the Busan District Court (No. 2005DaDa134457). On October 23, 2006, the above court rendered a judgment to the effect that “Korea Deposit Insurance Corporation, Defendant A, from among the above courts, KRW 29 million and KRW 20,000,000 and KRW 20,000,000 with interest rate of KRW 60% per annum from January 4, 2003 to the date of full payment, and Defendant D’s joint and several payment with interest rate of KRW 300,000 and KRW 360% per annum from August 36, 2000.

The above judgment was finalized on November 16, 2006.

(hereinafter “The final and conclusive judgment of this case”). After the final and conclusive judgment of this case, C, appointed as a trustee in bankruptcy of the non-party union, transferred the above loan claims to the Plaintiff on March 28, 2012, and around December 29, 2016, notified Defendant A of the assignment of the above claims.

[Ground of recognition] The facts without any dispute, Gap's statements in Gap's evidence Nos. 1 through 6, and the ground of claim for judgment as to the whole purport of the pleadings are as follows: The plaintiff; the defendant A did not pay interest to the plaintiff; the defendant A did not pay interest to the total amount of KRW 29,000,000 (=20,000,000,000) and the above 20,000,000,000 of which are agreed interest rate for the above loans from January 4, 2003 to the day of full payment; the above 60% interest rate for the above 9,00,000,000 won. < Amended by Presidential Decree No. 18140, Aug. 1, 2003>