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(영문) 서울중앙지방법원 2017.10.24 2017나12461
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 20, 200, the Defendant entered into a comprehensive passbook loan agreement with the Dongdong Credit Depository of Korea (hereinafter “YAF”) on February 20, 200, with the agreed credit limit of KRW 1,000,000, and the agreed period from February 29, 2000 to February 28, 2002, and the interest rate of interest and delay delay rate shall be the interest rate set by the YAF and the interest rate of KRW 1,00,000 on the fixed date, which shall be automatically divided into the loan principal and may be added to the loan principal. The Defendant borrowed KRW 1,00,000 on February 29, 200.

(hereinafter “instant loan”). (b)

The Maritime Credit Depository was declared bankrupt by the Seoul District Court on August 27, 2001, and the Korea Deposit Insurance Corporation was appointed as the bankruptcy trustee of the Maritime Credit Depository.

C. Around March 25, 2002, the Defendant did not perform the obligation to repay the principal and interest of the instant loan, and around March 25, 2002, KRW 1,129,653 of the loan outstanding as the suspension of interest (the suspension of interest and the confirmation of principal) on the balance of the instant loan became final and conclusive as the principal of the instant loan.

After that, on February 17, 2006, the bankruptcy trustee appropriated 30,000 won as part of the loan claim of this case to the principal of this case.

The overdue interest rate of the Maritime Credit Depository at the time is 29% per annum, and the above 30,000 won of the principal of the instant loan from March 26, 2002 to February 17, 2006 is 33,941 won.

On July 31, 2006, the above bankruptcy trustee filed a suit against the defendant for the payment of the principal and damages for delay of the loan of this case (Seoul Central District Court 2006da1824381). On August 8, 2006, the above court made a recommendation of execution that "the defendant shall pay to the plaintiff 1,133,594 won (= principal 1,129,653 won - principal 30,941 won - principal 30,941 won) and 29% interest per annum from March 26, 2002 to the date of full payment (29% per annum from March 26, 2002 to the date of full payment)." The above recommendation decision was served on the defendant on August 14, 2006 and confirmed August 29, 2006.

E. The above trustee in bankruptcy shall be on May 22, 2007.

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