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(영문) 서울중앙지방법원 2015.02.10 2014가합568785
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 504,405,313 and the amount of KRW 208,631,647 from October 6, 2014 to the day of full payment.

Reasons

1. Indication of claim;

A. On September 18, 2009, the Defendant entered into a loan transaction agreement with Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) to grant a loan of KRW 499,000,000 from the non-party bank at a rate of 6% per annum and 25% per annum per annum, and received a loan of KRW 49,00,000 from the non-party bank.

B. Since then, the Defendant lost its interest by failing to pay the principal and interest of the above loan properly.

C. On December 21, 2010, the non-party bank transferred the above loans to the defendant of the non-party bank pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, and notified the defendant of the above assignment of claims on the same day.

As a result of the Plaintiff’s repayment of part of the principal on January 13, 201, the remaining principal and interest at the time of October 5, 2014 [295,773,666 won in total of the interest on the principal of the loan = 208,631,647 won in arrears of 295,77,180 won in interest at the time of October 31, 201, 25,291,291,780 won in interest calculated at the rate of 25% in interest calculated at the rate of 25% in interest from November 1, 201 to January 13, 201, from January 14, 2011 to October 5, 2014]

E. Therefore, the Defendant is obligated to pay to the Plaintiff delayed payment calculated at the rate of 25% per annum, which is the agreement rateing from October 6, 2014 to the date of full payment of the loan principal of KRW 504,405,313 as well as KRW 208,631,647 as to the loan principal.

2. Article 208(3)3 of the Civil Procedure Act:

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