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(영문) 서울중앙지방법원 2015.05.29 2014가합551497
양수금
Text

1. The Plaintiff:

A. As to KRW 1,169,569,931 and its weight, KRW 1266,753,549, Defendant A from June 5, 2014 to November 22, 2014

Reasons

1. Facts of recognition;

A. The name of the non-party Seoul Bank (hereinafter referred to as the "non-party bank") changed to the name of the non-party 1 bank (hereinafter referred to as the "non-party 1 bank") entered into a monetary loan agreement with the defendant as listed below, and the defendant Eul, the wife of the defendant A, as of August 1, 1999, lent the loan to the defendant 1 as follows. The interest on the loan principal up to July 30, 1999 as of August 1, 1999, the interest on the loan principal up to 146,398,754 won as of April 15, 1996, and the interest on delay damages loan 47,926, 539 won as of April 15, 1996, the non-party 2 loan of 50,000,000 won as 17,087,000 won as 17,087,6395 won as 47,19658.

(hereinafter referred to as the “each of the instant loans”) b. by referring collectively to the loans of paragraphs 1 through 5.

At the time of each of the above loans, Defendant A approved that the basic terms and conditions for credit transaction of the non-party bank apply, and accordingly, the interest rate and the compensation rate for delay were to follow the prescribed interest rate set by the non-party bank. The interest rate for delay determined by the non-party bank is 19% per annum in the case of loans 1 through 4, 28% per annum in the case of loans 1 through 5, and 24.5% per annum in the case of loans 201, and 24% per annum until December 1, 202 thereafter.

C. On September 17, 1999, the non-party bank transferred claims based on each of the instant loans to Defendant A and D to the Plaintiff. The non-party bank notified the Defendant of the assignment of claims around that time.

On March 25, 2004, the Plaintiff filed a lawsuit against Defendant A and D seeking the payment of the principal and interest of loans under each of the above loans that the Plaintiff acquired by the Plaintiff as Seoul Central District Court Decision 2004Gahap21836, and the above court was in accordance with the ratio of 19% per annum from August 1, 1999 to June 12, 2004, for Defendant A and D, for Defendant A and Defendant A, for Defendant A and Defendant A, for Defendant A, for KRW 384,270,239, and for KRW 283,098,439 among them, for Defendant A, and for KRW 20% per annum from the next day to the date of full payment.

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