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(영문) 서울남부지방법원 2015.10.30 2015가합5508
양수금
Text

1. As to KRW 518,782,164 and KRW 200,00,00 among them, the Defendant shall annually pay to the Plaintiff the amount of KRW 518,782,164 from September 1, 2015 to September 30, 2015.

Reasons

1. Indication of claim;

A. On April 18, 2014, the Korean Federation of Community Credit Cooperatives transferred the following loans owed to the Plaintiff, and around that time, notified the Defendants of the assignment of claims.

Loan institution: The first loan date of the Seocho-dong Saemaul Bank of Korea on January 16, 2004: the principal amount: 200,000,000 won: 318,782,164 won: 518,782,164 won:

B. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from the day following the day of delivery of a copy of the application for the instant payment order to the day of full payment, with respect to KRW 518,782,164 and the principal amount of KRW 200,000,000.

2. The purport of partial dismissal is to apply the interest rate for delay under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings to be applied after the delivery date of a copy of the complaint of this case to the interest rate for delay under Article 2(2) of the Addenda of the Regulations on Special Cases concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553) (Presidential Decree No. 2655), mutatis mutandis, 20% per annum, which is the interest rate under the previous provisions until September 30, 2015, and 15% per annum, which is the interest rate under the amended provisions, from October 1, 2015.

3. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

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