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(영문) 서울중앙지방법원 2016.11.25 2016나53403
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On February 28, 2002, the Overseas Savings Bank Co., Ltd. (hereinafter “Sable Savings Bank”) established and lent KRW 1,000,000 per annum to the Defendant with a loan product called a comprehensive passbook loan, 30% per annum, 49% per annum, and due date of repayment on February 28, 2005.

(hereinafter hereinafter 'the First Loan')

B. The Defendant failed to fully pay the instant first loan at the due date, and thereafter filed an application for credit recovery with the Credit Counseling and Recovery Service.

On June 24, 2008, on which the above credit recovery procedure was in progress, the more Bable Savings Bank lent 643,048 won to the Defendant as a loan product of general loan at an interest rate of 30% per annum, overdue interest rate of 49% per annum, due date of repayment on January 24, 2014 (hereinafter “instant second loan”). The Defendant repaid the principal of the instant first loan with the above second loan loan.

C. Meanwhile, the Nable Savings Bank received reimbursement in accordance with the above procedure for credit recovery regarding the loans of this case. As the Defendant delayed repayment as set forth in the above procedure for credit recovery, the content of debt adjustment set forth in the above procedure was invalidated.

The sum of KRW 1,671,455 in total as of April 6, 2016 remains unpaid, and the details thereof are as follows.

Principal Interest 0 129,078 129,078 238,378,378 1,303,99 1,542,377 total sum 238,378,43,077 1,671,455 (units: Won)

E. The Kable Savings Bank was declared bankrupt on July 1, 2013 by Seoul Central District Court 2013Hahap89, and the Plaintiff was appointed as the trustee in bankruptcy of the said Bank.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant’s agreement with the Plaintiff regarding KRW 1,671,455 and the principal amount of KRW 238,378 among them shall be the rate of 49% per annum from April 7, 2016 to the date of full payment, which is the day following the base date of calculating the interest.

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