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(영문) 부산지방법원동부지원 2016.09.29 2016가단208107

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 74,808,420 as well as KRW 21,394,930 from May 1, 2016 to the date of full payment.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 3 (including branch numbers), the non-party Credit Guarantee Fund received a favorable judgment (2005No. 17217) to the effect that "the defendant shall pay 27,631,126 won to the non-party Credit Guarantee Fund and 27,527,276 won from September 24, 2001 to May 31, 2005; 15% per annum from the next day to April 29, 2006; 20% per annum from the next day to the day of full payment; 20% per annum from the next day to the day of full payment; the non-party Credit Guarantee Fund shall have become final and conclusive; and the non-party shall have transferred the principal and interest of the defendant to the non-party Credit Guarantee Fund as it has transferred to the defendant; 27,527,276 won from the due date to the date of full payment; 30% of the principal and interest of the above judgment to the plaintiff.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay the Plaintiff the interest for delay calculated at the rate of 12% per annum as sought by the Plaintiff, out of the total amount of principal and interest for delay, and the total amount of KRW 74,808,420, and the principal amount of KRW 21,394,930, as claimed by the Plaintiff, from May 1, 2016 to the date of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.