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(영문) 서울중앙지방법원 2015.06.30 2014가단240257
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,781,30 and KRW 24,606,314 among them, from September 3, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The National Bank Co., Ltd. (hereinafter “National Bank”) concluded a loan agreement with the Defendant with the content indicated in Table 1 below.

[Attachment 1]

B. When the Defendant’s overdue interest on loans was lost, on December 29, 2009, the National Bank transferred the loans claim (hereinafter “the loans claim of this case”) under each of the above loans contract to the Gyeonggi Mutual Savings Bank (hereinafter “Game Savings Bank”) and notified the Defendant on December 31, 2009.

C. The Gyeonggi Savings Bank appropriated the instant loan claim (the balance of the acquired principal shall be KRW 194,594,165,165, and the attempted interest shall be KRW 24,763,333,00,00 as the principal and interest specified below in Table 2 out of the total amount of KRW 172,876,60, which was received on March 16, 2010 and the total of KRW 172,876,60, which was disposed of as the legal procedural expenses (provisional payment) incurred in exercising or preserving the right, out of KRW 3,064,860,60, which was disposed of as the legal procedural expenses (provisional payment) incurred in exercising or preserving the right, as the principal and interest of KRW 169,81,760,860.

[Attachment 2]

D. Since then, KRW 157,460 on April 30, 2010 among the instant loan claims, and KRW 8,651 on June 5, 2012 were repaid, and as of September 2, 2014, the balance of the instant loan claims is as listed in Table 3 below.

[Attachment 3]

E. The Plaintiff is seeking damages for delay on the loan claim as stated in [Attachment 3], and the agreed interest rate applicable to the above loan claim is 19% per annum.

F. The Gyeonggi Savings Bank was declared bankrupt and was appointed as a bankruptcy trustee by the Korea Deposit Insurance Corporation.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above basic facts, the Defendant’s total sum of the principal and interest of loan 66,781.

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