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(영문) 서울고등법원 2015.09.11 2015나2016260
대여금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The plaintiff raised in the trial.

Reasons

1. Basic facts

A. The occurrence of the instant loan claim and the Plaintiff’s lawsuit 1) on December 11, 2008, the Plaintiff was a Defendant A Co., Ltd. (hereinafter “A”) prior to the filing of the lawsuit.

) On December 9, 2011, KRW 6,000,000 was extended to December 30, 2012 by the due date for repayment of interest (hereinafter “instant loan”) and loaned KRW 6,000,000 to the 91-day numerical mean of the yield on the distribution of water CDs (round the third decimal place), overdue interest rate 12% per annum, and due date on June 5, 2009, respectively, as notified by the Korea Securities Association of Securities and Exchange of 3 business days prior to the due date for interest payment (hereinafter “instant loan”).

(2) Meanwhile, on November 29, 2011, the Plaintiff’s due date was served on A, a debtor, who is the Seoul Central District Court Decision 2011Gahap46420, and was issued an attachment and assignment order for KRW 4,526,90,720 out of the instant loan claims (No. 201 Tapo-won 201). The said order was served on the third debtor on December 1, 201, and became final and conclusive around that time.

Accordingly, on December 1, 2011, the Plaintiff’s principal of the instant loan to A remains KRW 1,989,014,663 (=6,515,924,383 - Total amount of principal and interest of the instant loan until December 1, 2011 - Totaled KRW 4,526,909,720).

3) On September 26, 2013, the Plaintiff filed the instant lawsuit against A with the Seoul Eastern District Court, which is a legal cause of the first instance trial, seeking payment of the agreed interest between December 2, 201 and December 30, 2012, which is the due date from December 2, 201, and the date following the issuance of the above order with respect to the remaining principal 1,989,014,663 won, and the agreed interest from the next day to the delivery date of the copy of the instant complaint, and the interest on the agreed delay from the next day to the date of the delivery of the copy of the complaint to the date of full payment (the delivery of the claim and the application for modification of the cause of the claim as of December 10, 2014, the Plaintiff reduced the claim’s claim by calculating the rate of 12% per annum, which is the agreed body.

B. B. The Plaintiff’s creditor is the Plaintiff’s creditor, such as seizure and collection of claims by the Plaintiff’s successor participation applicant.

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