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(영문) 수원지방법원안양지원 2016.07.20 2016가단103451
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 198,383,360 and the interest rate of KRW 15% per annum from January 19, 2016 to the day of full payment.

Reasons

1. On September 23, 2009, the Solomon Mutual Savings Bank (hereinafter “Co., Ltd.”) established a loan to the Defendant at the rate of KRW 573 million per annum and interest rate of KRW 55% per annum and overdue interest rate of KRW 25% per annum after the due date of repayment of one year.

The above loan claims were transferred on September 6, 2012 to the KOmon Mutual Savings Bank, which was the KOmon Mutual Savings Bank, to the KOmon Mutual Savings Bank, to the KOmon International Finance Savings Bank, on June 12, 2014, to the KOinol loan No. 2, and on November 2, 2015, to the Plaintiff, and the notification of the assignment of the credit was made to the Defendant.

The balance of loans is KRW 198,383,360 as of December 10, 2012.

[Ground of recognition] A.1-7 Evidence, the purport of the whole pleadings

2. The Defendant is obligated to pay to the Plaintiff the amount of KRW 198,383,360 and damages for delay calculated at the rate of 15% per annum from the day following the delivery date of a copy of the instant complaint ( January 19, 2016) to the day of full payment, as the Plaintiff seeks.

The Defendant asserted that part of the obligation was repaid by auction of the real estate of the instant loan and the remainder was exempted from the obligation.

According to Gap evidence No. 1, it is recognized that the amount of KRW 33,750,557 out of the loans on December 16, 2014 was repaid at the auction of secured real estate, but there is no evidence to prove that the creditor, who was the creditor, exempted the remainder of the credit against the defendant.

The defendant's defense is without merit.

3. citing the Plaintiff’s claim for conclusion

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