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(영문) 창원지방법원 2015.06.30 2015나896
대여금
Text

1.In accordance with the succession participation made in the trial, the judgment of the first instance shall be modified as follows:

The plaintiff.

Reasons

1. Facts of recognition;

A. On May 13, 2002, Korea Mutual Savings Bank Co., Ltd. engaged in credit business entered into a loan agreement with the Defendant to the extent of KRW 60% per annum, KRW 72% per annum, and KRW 5,000,000 per annum on May 13, 2007 (hereinafter “instant loan agreement”), and respectively lent KRW 2,00,000,000 on May 13, 2002, and KRW 1,270,000 on June 16, 2003.

(hereinafter referred to as the “instant loan”) b.

Of the instant loans, the Defendant paid interest or delay damages accrued from May 13, 2002 to June 16, 2003, and from June 17, 2003 to February 25, 2008, the sum of KRW 24,751 won (i.e., KRW 11,507 won, KRW 6,636 won, KRW 6,608 won) and the instant loans from June 16, 2003 to KRW 11,984, KRW 480, KRW 480.

C. Korea Mutual Savings Bank was declared bankrupt on November 18, 2004 and the plaintiff was appointed as bankruptcy trustee on the same day. D.

On October 2, 2014, the Plaintiff transferred the instant loan claim to the Intervenor succeeding to the Plaintiff and notified the Defendant of the assignment of the claim at that time.

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

2. Determination

A. According to the above facts, the defendant is obligated to pay damages for delay to the plaintiff's successor 3,245,249 won (=3,270,000-24,751 won) remaining after subtracting the principal paid by the defendant from the principal paid by the defendant among the loans in this case and the principal interest accrued from June 17, 2003 to February 25, 2008 (=3,229,729,729 won (=3,245,249, 11,984,480 won) and upon the plaintiff's request, the above damages for delay shall be paid to the plaintiff's successor 3,245,249 won (=3,270,000 won-24,751 won) and the amount of damages for delay.

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