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(영문) 서울중앙지방법원 2015.12.03 2015가단5111481
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 43,698,786 and the amount of KRW 9,560,379 from April 11, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 29, 2008, the Plaintiff was a juristic person established under the Korea Asset Management Corporation for the purpose of the purchase of overdue bonds, debt readjustment, and credit recovery support business through loan, etc. to promote the stabilization of ordinary people's livelihood and improvement of welfare by means of debt settlement, credit guarantee, self-support support, etc. for persons alienated from financial institutions, and to contribute to the balanced development of the economy and society. On March 26, 2013, the trade name was changed from the Credit Counseling and Recovery Fund of Korea to the current name.

B. The Plaintiff acquired the following claims from the financial institutions listed below (hereinafter “creditor financial institutions”) against the Defendant.

(Unit: 14% per annum of the Seoul Guarantee Insurance Security Loan (not later than April 10, 2015), total overdue interest (not later than April 10, 2015) on loans extended by a commercial bank (the prescribed interest rate out of the overdue interest rate in general loans extended by a commercial bank). 34% per annum, 138, 407, 43,698,786

C. The Plaintiff’s interest rate for delay determined within the scope of the interest rate for delay on credit recovery is 17% per annum after the date of the determination of assets.

【Reason for Recognition】 Each entry in the evidence (including paper numbers) of subparagraphs A through 4, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 17% per annum, which is the above-mentioned interest rate, from April 11, 2015 to the date of full payment, with respect to the total amount of the above principal and interest of KRW 43,698,786 and the principal amount of KRW 9,560,379, which is the principal.

In addition, the Plaintiff asserts that the Plaintiff received the claim as indicated in the table below against the Defendant and sought payment. However, this part of the claim is without any evidence as to the credit card - 10,687,054,054,624,818, 63,311,872, which was the sum of the loan interest rate of the financial institution’s loan agreement to the Defendant that the financial institution listed in the table below had the claim against the Defendant.

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