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(영문) 서울중앙지방법원 2017.01.10 2015가단5221036

양수금

Text

1. The Defendant’s annual interest in KRW 124,315,223 and KRW 87,623,848 among the Plaintiff, from March 24, 2015 to June 4, 2015.

Reasons

1. Facts of recognition;

A. On December 10, 2003, the National Agricultural Cooperative Federation Co., Ltd. (hereinafter “CF”) lent KRW 145,00,000 to B.

On January 22, 2009, the Defendant acquired KRW 110,000,00 among the above loan obligations under B.

The defendant was deprived of the interest payment due to delay.

B. On September 16, 2010, the Nonghyup transferred the claim for the above loans to the Defendant to the Plaintiff via the Joint Asset Management Co., Ltd., and notified the Defendant of the above assignment on September 18, 2010.

(hereinafter “this case’s transferee claim”). C.

In the case of voluntary auction (U.S. District Court) against the Plaintiff’s real estate held by the Defendant for the recovery of the Plaintiff’s claim, the Plaintiff filed a claim for the amount of KRW 115,023,063 and damages for delay as to the amount of KRW 115,023,063 and KRW 110,000,000, total of the principal amount of KRW 110,000,000,000 and KRW 5,023,063. The Plaintiff received dividends on the date of distribution on July 20, 2012.

The dividends paid out of the above claims amount to KRW 3,646,240, interest KRW 42,593,281, principal KRW 22,376,152, in turn, was appropriated for appropriation.

As of March 23, 2015, KRW 87,623,848 of the principal amount (=10,000,000-22,376,152) and KRW 50,682 of the attempted interest, overdue interest, KRW 36,640,693 in total were 124,315,223.

The rate of damages for delay is 16.1% per annum determined by the plaintiff within the maximum of 19% per annum.

[Reasons for Recognition] Unsatisfy, Gap evidence No. 1-8, the purport of the whole pleadings

2. As the Plaintiff seeks, with respect to KRW 124,315,223 and KRW 87,623,848 from March 24, 2015 to June 4, 2015, the delivery date of the original copy of the payment order in this case, the Defendant is obligated to pay the acquisition amount to the Plaintiff as the assignee of the obligation, the rate of 16.1% per annum from March 24, 2015 to June 4, 2015, and from the following day to September 30, 2015, the statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., and the statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning