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(영문) 서울중앙지방법원 2015.03.03 2014가단5259119

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 102,178,760 and the amount of KRW 44,956,123 from July 31, 2014 to the date of full payment.

Reasons

1. Basic facts

A. (1) The Korea Exchange Bank (hereinafter “Korea Exchange Bank”)

(1) On January 6, 2001, the Defendant made a loan (hereinafter referred to as “first loan”) with a fixed interest rate of 15% in arrears at a rate of 15%.

(2) On August 14, 2001, the Korea Exchange Bank extended a loan (hereinafter referred to as “second loan”) to the Defendant by setting the interest rate of 8 million won in arrears at 15%.

3) The principal and interest of the first and second loans are KRW 65,971,013 (principal 30,835,472), and the principal and interest of the second loans are KRW 17,15,616 (principal 8 million) as of July 30, 2014.

B. 1) Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”).

(2) On September 12, 2002, the Defendant made a loan (hereinafter referred to as “third loan”) with a due date set on September 12, 2005.

(2) The third loan claim was paid to the Plaintiff.

3) As of July 30, 2014, the principal and interest of the third loan claim as of July 30, 2014 are KRW 19,092,131 (principal principal 6,120,651) [based on recognition]] The fact that there is no dispute, Gap evidence Nos. 1 through 11 (including additional numbers), and the purport of the whole pleadings.

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum, which is the interest rate for delay, from July 31, 2014 to the date of full payment, with respect to KRW 102,178,760 and KRW 44,956,123 among them.

B. The defendant's defense of the extinctive prescription is alleged to have been completed and expired the third loan claim. As such, Hyundai Capital, on September 12, 2002, lent the amount of the third loan claim to the defendant on September 12, 2005 by setting the due date for payment of September 12, 2005. In full view of the overall purport of the arguments in each of the titles of evidence No. 11-1 and evidence No. 11-2, Hyundai Capital, in order to receive the third loan claim, it is necessary to draw up a notary public office.