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(영문) 서울중앙지방법원 2015.04.30 2015가합2855
양수금
Text

1. As to KRW 836,179,414 and KRW 677,95,757 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 836,179,414 from December 12, 2014 to December 31, 2014.

Reasons

1. Basic facts

(a) On July 29, 201, the Defendant extended a loan of KRW 12 months, interest rate of KRW 630 million per annum 2.91% per annum, interest rate of KRW 30 million per month, interest rate of KRW 30 million per month, interest rate of KRW 2.91% per annum, interest rate of late-payment interest rate of KRW 9% per annum (in addition, interest rate of KRW 1-3 months per annum, interest rate of KRW 1-3 months per annum and KRW 2% per annum; the total rate of late-payment interest shall be up to 19% per annum, and interest rate of KRW 50 million on April 4, 2012) from the new bank (hereinafter “new bank”), and received a loan with the limit of 12-month interest rate of KRW 2.7% per annum, interest rate of KRW 3-month interest rate of KRW 7% per annum, interest rate of KRW 1-3 months per year, interest rate of late-payment interest rate of KRW 93 months per annum.

(hereinafter “each of the instant loans”). (b)

On December 23, 2013, a new bank transferred the claim for each of the instant loans to the Plaintiff, and notified the Defendant of the assignment of claims on December 26, 2013 and reached the Defendant on the next day.

C. As of December 11, 2014, the details of claims on each of the instant loans as of December 11, 2014 are as follows, and the rate of delay damages is 17% per annum.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 5 (in case of additional number omitted), the purport of the whole pleadings

2. Determination

A. According to the facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff who acquired the obligation of the instant loans from the new bank the principal and interest of each of the instant loans and the interest of KRW 836,179,414 and the principal of KRW 677,95,757 among the principal and interest of KRW 677,95,757 and the damages for delay calculated at the rate of 17% per annum from December 12, 2014, when the duplicate of the application for the instant payment order was served on the Defendant from December 31, 2014 to the date of full payment.

B. As to the defendant's assertion, the judgment is made.

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