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(영문) 춘천지방법원강릉지원 2015.05.13 2015가단20878
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 54,030,396 and the amount of KRW 28,533,987, which shall be paid to the plaintiff from November 12, 2014.

Reasons

1. Facts of recognition;

A. On May 10, 1997, the Defendant entered into an agreement on the monthly transaction of the self-reliance deposit deposit (hereinafter “instant monthly transaction agreement”), between May 13, 1997 and May 13, 1999, under which each of the self-reliance deposits was entered into with the high credit union (hereinafter “high credit union”) (i) with the monthly limit of KRW 10,000,000,000, interest rate of KRW 30,000,000 on January 15, 1998, and as of January 30, 1999.

(hereinafter “instant secured loan agreement”). B.

On June 21, 2013, the High Credit Union transferred a loan claim under the instant monthly transaction agreement and the instant loan agreement to the Plaintiff, and around that time notified the Defendant of the assignment of the claim.

C. However, around November 11, 2014, a claim for a loan under the instant monthly transaction agreement is equivalent to KRW 17,191,195, including the remainder of the loan, KRW 8,049,90 and interest, KRW 9,141,205, and KRW 17,191,195. The claim for a loan under the instant loan agreement is equivalent to KRW 20,483,97 and interest, delay damages, and KRW 16,35,204, including the remainder of the loan, and KRW 36,839,201.

On the other hand, the overdue interest rate determined by the Plaintiff is within the scope of the overdue interest rate stipulated in the instant monthly transaction agreement and the instant loan agreement, which is 17% per annum from June 1, 2013.

[Ground of recognition] Unsatisfy, Gap 1-5 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts, on November 11, 2014, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate determined by the Plaintiff, as sought by the Plaintiff, from November 12, 2014, with respect to the sum of the principal and interest of each loan under the instant monthly transaction agreement and the instant loan agreement (i.e., KRW 17,191,195,36,839,201) and the total sum of the principal and interest of the loan (i.e., KRW 28,53,987 (= KRW 8,049,90, KRW 20,483,997).

B. The defendant against this.

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