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(영문) 서울중앙지방법원 2015.02.05 2014가합524952

양수금

Text

1. The Defendant’s annual period from March 27, 2014 to December 4, 2014, as to KRW 856,885,980 and KRW 204,752,875 among the Plaintiff.

Reasons

1. Indication of claim;

A. The Defendant entered into a party loan transaction agreement, bill transaction agreement, etc. with the Dongnam Bank Co., Ltd. (hereinafter “Sovernam Bank”) as listed below, and borrowed KRW 453,449,185 in total from the Nonparty bank.

On May 16, 1996, general financing loans 5,467,026 on January 30, 1997; 100,000 general financing loans 50,000,000 on May 15, 1997; 30,000 on July 26, 1996; 40,471,7966 on January 29, 197; 30,000 on May 26, 1997 (5, 197, 47, 47,696 on September 25, 1997); 40,00 commercial bills 5,000 commercial bills (30,50,000 commercial bills) on September 25, 1997 (5, 197, 197, 40,000 commercial bills)

B. At the time of each of the above loans, the non-party bank agreed to pay damages for delay in accordance with the interest rate set by the non-party bank. The overdue interest rate set by the non-party bank was 18% per annum from January 1, 1999.

C. The Defendant lost the benefit of time due to the failure to repay each of the above loans properly.

On June 29, 1998, the non-party bank transferred each of the above principal and interest claims to the defendant of the non-party bank in accordance with Article 4 of the former Act on the Efficient Disposal of Non-Performing Assets, etc. of the Non-Performing Assets, etc. of the non-party bank, which was in force at the time of the plaintiff (the name at that time was "Korea Assets Management Corporation"), and notified the defendant of the assignment

E. The plaintiff filed a lawsuit against the defendant as above against the defendant as Seoul Central District Court 2004Gahap27230, and the above court on June 22, 2004 stated that the defendant paid 18% per annum from March 5, 2004 to April 22, 2004 as to KRW 486,030,072 as well as KRW 204,752,875 as to the plaintiff, and from the following day to the day of complete payment.