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(영문) 서울중앙지방법원 2021.01.15 2020가단5263164
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 129,463,623 and KRW 30,102,265 from June 20, 202 to the day of full payment.

Reasons

1. Basic facts

A. When entering into a loan agreement or credit card transaction agreement with the financial institutions listed below, the Defendant agreed to pay the overdue interest calculated according to the above financial institution’s overdue interest rate from the date of repayment where each loan principle or part of the credit card transaction amount is not paid within the due date, or the disposition of default of interest or the disposition of suspension of transaction at an exchange of bills is imposed, and the Defendant agreed to pay the overdue interest calculated according to the loan balance and the due date from the date of loss of the due date to the date of full payment.

CD D D

B. However, as mentioned in the above A, the Defendant lost the benefit of time by failing to repay the principal and interest, etc. even after the maturity period for the loan and the loan after using credit cards, etc., and the balance of the loan is as stated in the column for remaining balance of modern withdrawal as stated in the above Table.

(c)

On April 10, 2009, C transferred the principal and interest claim indicated in the above table to the Plaintiff (former trade name before the change: E), and D Bank transferred on December 10, 2009 to the Plaintiff, and the Plaintiff was delegated by the above financial institutions with the power of notifying the transfer of claims, and the Defendant was exempted from the transfer of claims by C on December 2, 2009, and the transfer of claims by D Bank on May 4, 2010.

(d)

In order to reduce the burden on ordinary financial debtors, the Plaintiff set the interest rate in arrears as 17% per annum from the date following the date of confirmation of assets of each bond under Article 11 of the 11 of the 2019-10-year interest rate, 15% per annum from the next day to August 11, 2019, and 12% per annum from the next day to the next day.

E. When calculating the Defendant’s attempted balance of the loan stated in the above slip, the agreement interest rate of the financial institution and the delay determined by the Plaintiff from June 19, 2020 to June 19, 2020 are as follows.

F. On September 16, 2010, the Plaintiff filed a payment order against the Defendant before Seoul Central District Court 2010 (123452).

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