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(영문) 서울중앙지방법원 2019.06.19 2019가합512213
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 386,702,884 and the amount of KRW 211,262,446 from January 9, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 27, 1999, the Defendant lost profits due to delayed repayment of loan obligations by entering into a loan agreement with C Co., Ltd. (hereinafter “C”), which provides that loans of general subjects of loan, loans of total of 498,000,000 won (i.e., KRW 181,00,000 per annum 181,00,000), interest rate of 10.25% per annum, interest rate of delay interest rate of 17% per annum, interest rate of 17% per annum, and interest rate of delay at the time of default. The balance of principal and interest of loan as of January 8, 2019 was KRW 386,702,884 as follows.

(hereinafter “instant loan claim”). B.

C On March 23, 2012, upon the transfer of the instant loan from the Plaintiff, registered securitization assets including the instant loan pursuant to Article 3 of the Asset-Backed Securitization Act, and sent to the Defendant the fact of the transfer of the instant loan over twice on March 25, 2012 and March 27, 2012 by means of content-certified mail. On April 9, 2012, the Asset-Backed Securitization Act announced the fact of the transfer of the said loan to the D Press and E Press pursuant to Article 7(1) of the Asset-Backed Securitization Act.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 386,702,884 (including interest and delay damages from January 8, 2019) and damages for delay calculated by the rate of 17% per annum from January 9, 2019 to the date of full payment with respect to KRW 211,262,46 corresponding to the principal of the loan.

3. In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.

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