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(영문) 서울중앙지방법원 2018.03.27 2017나56614
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. Around April 27, 2005, the National Bank set a loan (hereinafter “the loan in this case”) to the Defendant with a method of applying the overdue interest rate (minimum 14% per annum, maximum 21% per annum, and maximum rate per annum if banks separately provide for banks such as the commencement of legal procedure) (hereinafter “the loan in this case”) by adding the overdue interest rate to the loan interest rate (8% per annum at the expiration of 3 months from the date of delay, 9% per annum at the expiration of 6 months within the date of delay, 10% per annum at the expiration of 6 months, and 10% per annum at the expiration of 6 months).

B, within the limit of KRW 13,00,000, the Defendant guaranteed the Defendant’s debt of the loan.

B. As of May 31, 2013, the instant loan claims amounting to KRW 6,00,000 as principal and its interest amounting to KRW 549,970, and thereafter, the instant loan claims were transferred to the Plaintiff on June 11, 2013, and the said assignment of claims was notified to the Defendant around the said transfer of claims.

C. As of January 17, 2017, the Plaintiff’s claim for the instant loan that it received as above remains KRW 8,173,221 in total, including the principal amount of KRW 4,042,360, interest for arrears of KRW 4,130,861, etc.

On the other hand, after January 17, 2017, the interest rate on loans of this case is 11.85% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 6, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim the damages for delay calculated at the rate of 15% per annum, as claimed by the Plaintiff, within the scope of the damages for delay from January 18, 2017 to the date of full payment of the principal amount of KRW 8,173,221 and the principal amount of KRW 4,042,360, which is the following day of the above base date.

B. The Defendant’s defense of the Defendant is divided after the reduction or exemption under the agreement on the debt settlement between the Plaintiff and the Plaintiff on April 15, 2016.

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