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(영문) 광주지방법원 2018.09.21 2017가단519395
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 251,971,884 and the amount of KRW 42,781,759 from March 28, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant concluded a loan and credit card transaction agreement (including substitute loan) with the financial company below, and agreed to follow the credit transaction and credit card holders' delay damages rate applying the credit transaction and credit card transaction terms.

On November 14, 2002, the loan agreement 10,000,000 of the loan transaction agreement of the Bank of Korea on the date of the agreement for the original loan (the original loan) loan agreement of the Bank of Korea on November 14, 2002. The loan agreement 449,000,000 of the loan transaction agreement of the Bank of Korea (the Gu, Korea Light Bank) shall be extended to 06.06.

The Defendant lost the interest of the time limit for the loan because it did not repay the loan after receiving the loan from the above financial company. On December 30, 2003, the above financial company transferred the bonds to the Plaintiff under Article 4 of the "Effective Disposal of Non-Performing Assets, etc. of Financial Companies" and notified the Defendant of the transfer of the credit on January 13, 2004.

C. The plaintiff filed a lawsuit against the defendant, etc. in this Court No. 2007Gahap4327 and rendered a favorable judgment against the plaintiff on October 25, 2007, and the appellate court (Seoul High Court 2007Na6184) rendered a favorable judgment against the plaintiff. The appellate court (the Gwangju High Court 2007Na6184) paid 135,594,470 won to the plaintiff up to April 30, 2008: Provided, That where the defendant fails to pay the above amount by April 30, 2008, it shall pay the unpaid amount by adding the delay damages calculated at the rate of 20% per annum from the following day to the full payment date." The settlement recommendation decision as of February 15, 2008 became final and conclusive.

After the decision to recommend reconciliation became final and conclusive, the Plaintiff received the dividends of KRW 52,254,863 on September 8, 201, and KRW 223,070 on September 28, 2011, respectively, in the case of compulsory auction B to Chungcheong District Court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant, unless there are special circumstances, shall be the plaintiff out of the account payable according to the above decision of recommending reconciliation.

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