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(영문) 부산지방법원 2016.04.20 2015가합47801
양수금
Text

1. The defendant shall pay to the plaintiff KRW 1,067,066,147 and KRW 324,020,003 among them from April 1, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On June 29, 2005, Busan Metropolitan City Annyang Savings Cooperatives (hereinafter “Seoul Metropolitan City Annyang Savings Cooperatives”) changed its trade name to “Seoul Metropolitan City Annyang Savings Cooperatives”; hereinafter “Seoul Metropolitan City Annyang Savings Cooperatives”) entered into a loan transaction agreement with the Defendant on April 28, 2003 by setting the loan amount of KRW 1,070,000,000 and the loan amount of KRW 6.9% per annum on April 28, 2004, and on the same day, the Defendant loaned KRW 1,070,000 to the Defendant (hereinafter “instant loan”).

B. The Defendant did not repay the above loan obligations until the expiration date of the loan period, and the Busan District Court applied for a payment order against the Defendant on June 7, 2005 by the Busan District Court 2005 tea 20475, and on June 7, 2005, the Defendant received a payment order from the above court that "the Defendant shall pay the Defendant 1,290,681,513 won and 1,070,000 won with interest of 16.3% per annum from May 13, 2005 to the day of full payment." The above payment order was finalized on July 5, 2005.

C. On June 23, 2014, the Gyeyang Savings Cooperatives transferred the claim for the instant loan to the Plaintiff against the Defendant, and around July 2014, notified the Defendant of the assignment of the said claim and sent the notification to the Defendant at that time.

The principal of the instant loan claims as of March 31, 2015 is KRW 324,020,003; interest or delay damages is KRW 743,046,14 (i.e., interest or delay damages until May 12, 2005, which was recognized from the payment order (i.e., interest or delay damages until May 12, 2005, KRW 220,681,513, and KRW 522,364,631).

E. On April 2, 2015, the Plaintiff applied for the instant payment order to suspend the extinctive prescription of the instant loan claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant, unless there are special circumstances, shall make the plaintiff 1,067,066.

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