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(영문) 서울남부지방법원 2017.06.09 2016가단43111
양수금
Text

1. The defendant shall pay to the plaintiff KRW 21,729,243.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The following facts are acknowledged in light of the purport of the entire pleadings in each of the evidence Nos. 1 to No. 5.

A. On September 26, 2006, the Plaintiff agreed to obtain a real estate mortgage loan of KRW 326,00,000 from the Insulin Insulgn Co., Ltd., with the interest rate of KRW 3.35% below the highest interest rate among the interest rates of the CD 91-day water, 18.90% below the delay damages rate, and the maturity of the loan from September 28, 2006 to the 30th day from September 28, 2006.

B. The Defendant lost the benefit of time by failing to pay the principal and the agreed interest on the above loan.

C. In other words, Insulin Capital Co., Ltd. entrusted the foregoing collateral loan claims to the Korea Cyti Bank, and the said bank transferred the above claims to the Plaintiff on February 28, 2011.

On November 7, 2011, the Plaintiff received 400,640,362 won from the Suwon District Court B real estate auction case, and appropriated it for the repayment of principal and interest of the loan. The remaining amount of overdue interest calculated as of July 28, 2016 is equivalent to 21,729,243 won.

2. Thus, the defendant is obligated to pay KRW 21,729,243 to the plaintiff.

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