logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.25 2014나41529
양수금
Text

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. Basic facts

A. On June 26, 1997, the Agricultural Cooperatives (hereinafter “FFFFF”) granted a loan of KRW 20,000,000 (hereinafter “the instant loan”) at the interest rate of KRW 13.5% per annum (if the loan period exceeds one year, 0.5% per annum), interest rate of KRW 17% per annum, interest rate of KRW 17% per annum, and interest rate of KRW 20,000 per annum on June 26, 2000 on the expiration date of the loan period. The Defendant provided a joint and several surety for the above loan obligations against A. on the same day.

B. On June 28, 2013, the Joint Livestock Cooperatives transferred the instant loan claim to the Plaintiff. On December 31, 2013, the Plaintiff was delegated with the power to notify the assignment of claims from the Joint Livestock Cooperatives and notified A of the said transfer.

C. As of January 3, 2014, the instant loan obligation remains in total of 11,246,257 won with principal and 3,642,496 won with interest and delay damages, and 14,88,753 won with interest and delay damages as of January 3, 2014. The Plaintiff applies the rate of delay damages by 17% per annum pursuant to Article 11 of the Regulations on the Management of Entrusted Bonds of Credit Counseling and Credit Counseling Cooperatives within the scope of the initial agreed delay damages rate between A and

[Ground of recognition] Evidence No. 1-2, Evidence No. 4-2, Evidence No. 5, and Evidence No. 6, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is jointly and severally liable to pay the Plaintiff the above principal and interest of KRW 14,88,753 as well as damages for delay calculated by the rate of 17% per annum from January 4, 2014 to the date of full payment, which is the following day of the above basic date, to the Plaintiff.

3. If so, the plaintiff's claim of this case against the defendant is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow