logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.07.09 2015가합2547
양수금
Text

1. As to KRW 500,169,807 and its KRW 170,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 11, 2015 to July 9, 2015.

Reasons

1. Basic facts

A. On January 9, 2004, the Saemaul Bank of North Asia granted a loan of KRW 170,000 to the Defendant at the interest rate of KRW 9% per annum (interest rate of KRW 19.8% per annum) and on January 9, 2006.

(hereinafter “instant loan”). (b)

On July 21, 2014, the North Asia Saemaul Fund transferred the above loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on November 19, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the amount of the instant loan claims that the Plaintiff acquired by the Plaintiff is KRW 524,326,508, totaling as of December 3, 2014, and the Defendant is obligated to pay the said amount to the Plaintiff.

B. Comprehensively taking account of the purport of the entire argument in the above-mentioned facts, the amount of the instant loan claims is KRW 500,169,807 as of December 3, 2014 (=170,000,000 x 1/365 days from January 9, 2004 to January 9, 2006 x 9% per annum of the agreed interest rate x 9% after the conclusion of the instant loan contract, and there is no evidence to support that the Plaintiff did not submit the objective calculation data. The Plaintiff did not submit the calculation data of interest x 170,000,000 x 328 days from January 10, 206 to December 3, 2014 x 199.8% of the agreed interest rate).

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 500,169,807 and the principal amount of KRW 170,00,000,00 from February 11, 2015 to July 9, 2015, the agreed interest rate of KRW 19.8% per annum for the overdue interest from February 11, 2015, which is the date when the Defendant issued a copy of the complaint of this case to the day after the delivery of the copy of the complaint of this case, to the day after full payment is made.

3. The defendant's assertion and judgment

A. On April 7, 2004, the summary of the Defendant’s assertion is KRW 23,000,000 between the Saemaul Bank of North Korea and the maximum debt amount.

arrow