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(영문) 서울중앙지방법원 2016.01.19 2015가단5242675
기타
Text

1. The Defendant’s annual interest in KRW 28,612,040 and KRW 22,940,780 among the Plaintiff, from June 10, 2013 to July 1, 2015.

Reasons

1. In cases where the facts recognized are stated in an application for payment order in annexed Form;

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff 2,940,780 won by subrogation under the Agreement on Credit Guarantee for Income Loans, which is 28,612,040 won and 22,940,780 won by the Defendant, 9% per annum from June 10, 2013 to July 1, 2015, which is the service date of the original copy of the instant payment order; 15% per annum from the following day to the day of full payment; 5,523,00 won which is 5,523,00 won which is due from the date following the day of loss of the interest due to the school loans; and 12% per annum from the following day to July 1, 2015, which is the service date of the original copy of the instant payment order until the day of full payment; and 15% per annum per annum under the Act on Special Cases concerning Promotion, etc. of Legal Proceedings.

(2) The plaintiff's claim for 20% per annum due to the amendment to the rate of delay damages stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

B. The defendant alleged to the effect that the defendant made maximum efforts to repay the school expense loans to the maximum extent possible, but it was impossible to repay the principal and interest of the school expense. However, the defendant's argument does not constitute a ground for refusing the plaintiff's claim legally. Thus, this part of the defendant'

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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