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(영문) 전주지방법원 2018.06.27 2016가단9348
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 32,638,959 and KRW 8,741,717 among them, from November 21, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 31, 2008, the former Savings Bank (the former Mutual Savings Bank is the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, the former Mutual Savings Bank, and the former Mutual Savings Bank (the former Mutual Savings Bank is C and D; hereinafter referred to as “B”) established loans worth KRW 25 million per annum, 25% per annum, interest rate per annum, 37% per annum (the interest rate and overdue interest rate shall be changed depending on changes in the financial situation) (the interest rate and overdue interest rate shall be changed), January 31, 201 for the due date (hereinafter referred to as “the instant loans,” and the Defendant jointly and severally guaranteed obligations under the instant loan agreement.

B. B lost a benefit due to delinquency in the payment obligation of the instant loan. Accordingly, as of November 20, 2017, the amount to be paid by the said company to the Plaintiff was calculated at the rate of 32,638,959 won per annum from December 22, 2009 to April 1, 2014 (i.e., overdue interest of 13,841,610 won per annum, calculated at the rate of 34.9% per annum from April 2, 2014 to March 2, 2016 (i.e., overdue interest of 5,859,321 won per annum from March 3, 2016 to November 20, 2017).

C. On September 5, 2011, the Financial Services Commission decided to transfer all assets and liabilities, including the instant loans, to the Plaintiff pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry. On September 6, 2011, the administrator of the former Savings Bank and the Plaintiff publicly announced the summary of the said decision and the fact of transfer of contracts pursuant to Article 14-2(2) of the said Act.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 11, the purport of whole pleading

2. According to the above facts of determination as to the cause of the claim, the Plaintiff succeeded to the claim for the loan of this case according to the decision on the transfer of contracts by the Financial Services Commission, and the designated assignment is made by the public notice as of September 6, 2011.

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