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(영문) 서울중앙지방법원 2015.12.17 2014가단5319721

양수금

Text

1. The defendant shall pay to the plaintiff KRW 35,307,046 as well as KRW 21,748,90 among them, from August 18, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On May 24, 201, Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) loaned 31% of the interest rate to the Defendant on equal installment repayment terms, 43% of the interest rate in arrears, and 28,000,000 won loan (hereinafter “instant loan”) with the period of loan set at 36 months.

B. The Solomon transferred the instant loan claims to the Lolomon Savings Bank Co., Ltd. (hereinafter “Malomon”) on January 31, 2013, and the same year.

2. 26. notified the Defendant of the fact of transfer, and the Defendant’s friendship is the same year.

6. On May 9, 2014, the Plaintiff again transferred the instant loan claim to the Plaintiff and notified the Defendant of the fact of transfer.

C. As of May 31, 2013, the loan balance of this case is KRW 21,748,905, and the overdue interest rate determined by the Plaintiff Fund is 17%.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff sought a payment of overdue interest at the rate of 17% per annum from August 18, 2014 to the date of complete payment, as to KRW 21,748,905 and KRW 26,236,329 to August 17, 2014 (=21,748,905 Won 26,236,329) and the balance of the loan to KRW 21,748,905.

As of the above date, the remainder of the loans of KRW 21,748,905 as above is recognized by the defendant. As of August 17, 2014, according to the evidence Nos. 6 and 7 as to whether an attempted interest amount is KRW 26,239,329 as of August 17, 2014, the following facts are examined: (a) during the period from May 5, 2012 to May 31, 2013, the normal interest rate of KRW 1,128,06 under the loan agreement of this case is KRW 7,932,581; and (b) during the period from May 31, 2013 to August 17, 2014, the evidence Nos. 6 of the loan agreement of this case is examined.

8. The interest for 443 days until 16. However, it is calculated according to the overdue interest base date (8. 18.) sought by the Plaintiff.

8. By the 17th day, interest for 444 days shall be calculated.

up to the date of Plaintiff Fund.