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(영문) 서울북부지방법원 2017.07.20 2017가합20719
양수금
Text

1. The Defendant’s KRW 455,948,678 and KRW 15,763,140 among the Plaintiff and the Plaintiff’s KRW 13,00 per annum from December 13, 2016 to January 2, 2017.

Reasons

1. Basic facts

A. The Defendant concluded a monetary loan agreement with a new bank on three occasions, and the contract date, overdue interest rate, and the remaining debt amount as of December 12, 2016 are as follows:

The overdue interest rate of credit (limit) in the subject of credit on the contract date as of December 12, 2016 shall be 13.65% principal of the total of 76,000,000 won of general loans as of April 9, 2012 13.65% per annum 232,85,149; total of 386,075,541 interest 153,220,392; 15.17% per annum 17.17% per annum of general loans on April 9, 2012; 17,008,87 interest 11,367,332; 191% per annum of the total of 200,000 won of general loans; 386,075,541,541; 206,57,201;

B. A claim under each of the above monetary loan agreements against the Defendant of the new bank, Inc., was transferred in sequence to the SBA Savings Bank on August 28, 2014, and to the Plaintiff on March 15, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including paper numbers) and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 455,948,678 and the amount of KRW 15,763,140 from December 13, 2016 to January 2, 2017, the agreed interest rate of KRW 13.391% per annum, which is the overdue interest rate of KRW 13.391% per annum, from December 13, 2016 to January 2, 2017, from January 13, 2016 to January 2, 2017, the agreed interest rate of KRW 13.65% per annum, which is the overdue interest rate of KRW 5,641,545 per annum, from January 13, 2016 to January 2, 2017, the delay interest rate of KRW 15.17% per annum and delay interest rate per annum from the following day to January 15, 2017.

[Defendant asserts to the effect that he has no ability to repay his obligation due to his lack of financial ability, but the defendant's above assertion does not constitute a ground for rejecting the plaintiff's claim of this case] 3. The plaintiff's claim for conclusion is accepted.

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