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(영문) 서울중앙지방법원 2016.01.12 2015가단135031
양수금
Text

1. The Plaintiff:

A. Defendant A’s amount of KRW 65,043,866 out of KRW 124,647,947 and its money, from July 9, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On June 3, 2011, Defendant A obtained a loan of KRW 70,000,000 (hereinafter “instant loan”) by setting the interest rate of KRW 21.9% per annum, overdue interest rate of KRW 3.9% per annum, and the extension period of KRW 70,00,000 by October 15, 2012 from Nonparty A’s Future Savings Bank (hereinafter “instant loan”). Defendant B and C jointly and severally guaranteed Defendant A’s loan obligations of KRW 98,00,000.

B. Since then, with respect to the total amount of the principal and interest of this case, the Future Savings Bank Co., Ltd. transferred each of them in sequence to the Plaintiff, and the Friendly Savings Bank Co., Ltd. notified Defendant A of the transfer of claims.

C. Meanwhile, as of May 28, 2015, the total outstanding amount of the principal and interest of this case as of May 28, 2015 is KRW 124,647,947 (principal KRW 59,604,081, including interest and overdue interest at KRW 65,043,866).

【Ground for recognition】 The facts that there is no dispute between the parties or do not clearly dispute, Gap evidence 1-1 to Gap evidence 3-4, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, as to KRW 124,647,947, and KRW 65,043,86, which is the principal of the loan, the sum of the outstanding principal of the loan of this case, and KRW 65,043,866, among such money, Defendant A is jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (Presidential Decree No. 26552, Sept. 25, 2015) from July 9, 2015 to September 30, 2015 (Presidential Decree No. 26553, Sept. 25, 2015) and its Addenda (amended by Presidential Decree No. 26553, Sep. 25, 2015).

3. If so, the plaintiff's claim of this case is reasonable, and it is ordered to accept all of them.

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