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(영문) 서울동부지방법원 2016.12.14 2016가단116283

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 149,362,243 and the amount of KRW 81,99,961 among them, from April 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 15, 2011, the Smart Savings Bank Co., Ltd. (hereinafter “ smart Savings Bank”) lent KRW 82,000,000 to the Defendant.

B. As of April 12, 2016, the above loan obligations remain in 81,99,961 won with principal, overdue interest was generated in 67,362,282 won, and the overdue interest rate set forth in the Smart Savings Bank is 23% per annum.

C. Meanwhile, on May 28, 2015, the Smart Savings Bank transferred the above loan claims to the Plaintiff, and on June 17, 2015, notified the Defendant of the assignment of claims, and the above notification of assignment of claims reached the Defendant around that time.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder principal of KRW 149,362,243 (=the remainder principal of KRW 81,99,961 overdue interest of KRW 67,362,282) and delay damages for the remaining principal of KRW 81,99,961).

B. The defendant's assertion that since the defendant entrusted the smart savings bank with the disposal of his apartment, the defendant's assertion that the disposal price should be deducted from the above loan claim, but there is no evidence to acknowledge it, the above argument by the defendant is without merit.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 23% per annum, which is the overdue interest rate from April 13, 2016 to the date of full payment, with respect to KRW 149,362,243 in total, and the remaining principal, KRW 81,99,961 in total, and the remaining principal.

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