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(영문) 서울중앙지방법원 2015.06.10 2014가단5031663
양수금
Text

1. Defendant B’s KRW 2,769,978 and KRW 2,496,709 among them are 17% per annum from January 22, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 2, 199, the internal credit cooperative (current credit union square) loaned 10,000,000 won to Defendant A on October 4, 2001, interest rate of 12.5% per annum, overdue interest rate of 19.5% per annum, 19.5% per annum, and the principal of the loan on the condition of full repayment of the expiration date of the loan term (hereinafter “the loan 1”).

B. On January 7, 200, an internal credit union granted a loan of KRW 30,00,000 to Defendant A on January 8, 2002 on the date of expiration of the loan, 12.5% per annum on the interest, 19.5% per annum on the overdue interest rate, and 19.5% per annum on the condition that the loan principal is repaid in full on the condition that the loan principal expires (hereinafter “instant second loan”).

C. On November 2, 2001, on the date of expiration of the loan of KRW 10,000,000 to Defendant A on November 2, 2002, 11% per annum on the date of expiration of the loan, interest rate of KRW 22% per annum, overdue interest rate of KRW 22% per annum, and on the condition that the loan principal is repaid in full during the loan period expiration period (hereinafter “instant third loan”). Defendant C and B jointly and severally guaranteed the above loan obligation.

After that, the above credit union squares and Taesan of the credit union transferred each of the loans of this case to the plaintiff, and the plaintiff was delegated with the notification of the assignment of claims from the above credit union and notified the defendant A of the assignment of claims.

E. As of January 20, 2014, the balance of the principal and interest of the instant loan 17,169,952 (the balance of the loan principal 10,00,000 won for delay damages 7,169,952) and the balance of the principal and interest of the instant loan 2 is 35,283,373 (the balance of the loan principal 19,834,790 won for delay damages 15,448,583 won) and the balance of the principal and interest of the instant loan 3 is 2,769,978 won (the balance of the loan principal 2,496,709 won for delay damages 273,269 won for delay damages ) and the rate of delay damages 17% per annum from January 22, 2014 for each loan set by the Plaintiff.

[Ground of recognition] The plaintiff, defendant A, and C: There is no dispute, each entry and pleading of Gap's 1 through 6 (including each number).

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