(영문) 서울중앙지방법원 2017.10.26 2017나36696

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(영문) 서울중앙지방법원 2017.10.26 2017나36696

양수금

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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. Facts of recognition;

A. On December 11, 200, the Defendant concluded a light account loan agreement with the Bank of Korea Co., Ltd. (hereinafter “Korea Bank”), setting the loan limit of 10,000,000 won on December 11, 200, annual interest rate of 4%, annual interest rate of 19% on December 11, 2001, and annual interest rate of 19% on delay damages. The above loan agreement was renewed on December 18, 200, with the extended repayment period of 8,000,000, annual interest rate of 2.5% on December 10, 2004, annual interest rate of 3 months, annual interest rate of 17% on less than three months, and 19% on more than three months.

(hereinafter “instant loan agreement”)

B. The Defendant did not pay interest on the loan of this case, and the amount of the loan of this case exceeded the amount of the loan of this case, and the payment order (hereinafter “the payment order of this case”) became final and conclusive on February 10, 2007, stating that “the Defendant shall pay the Defendant 9,560,546 won to the Plaintiff and 6,778,174 won among them, calculated at the rate of 19% per annum from January 20, 2007 to the date of full payment” (hereinafter “the payment order of this case”).

C. On July 5, 2013, our bank transferred its claim for the instant loan to the Plaintiff. On June 23, 2014, our bank notified the Defendant of the assignment of claim, and on December 7, 2016, the balance of the instant loan is KRW 5,436,764, interest and delay damages are KRW 11,383,474.

【Reason for Recognition】 Each entry of the evidence (including paper numbers) of subparagraphs A through 7 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 17% per annum, which is the agreed rate from December 7, 2016 to the day of full payment, to the day following the date of calculating the final interest, as to KRW 16,820,238 including the remaining principal and interest of the Plaintiff, a transferee of the instant loan claim, and KRW 5,436,764 of the loan principal.

On the other hand, the plaintiff's claim established by the payment order of this case.

유사 판례

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-대전지방법원천안지원 2014.11.12 2014가단14760

-서울중앙지방법원 2015.05.08 2014가합580198