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(영문) 서울중앙지방법원 2016.10.12 2015가단5376363
양수금
Text

1. The Plaintiff:

A. As to KRW 86,401,304 and KRW 11,400,912 of them:

B. Defendant B is the defendant A.

Reasons

1. Basic facts

A. On July 23, 2008, AD Mutual Savings Bank Co., Ltd. extended a loan with a maturity of KRW 250,000,00 to Defendant A on July 23, 2009; interest rate of KRW 12.4% per annum; interest rate of KRW 12% per annum; interest rate of KRW 12.4% per annum; interest rate and delay rate of KRW 12% (within the limit of 25% per annum); interest and delay rate of KRW 1365 at the time of calculation of interest and delay damages; and extended a loan to be calculated on a daily basis (hereinafter “instant one loan”); on July 23, 2009, the maturity of the instant one loan between Defendant A and Defendant A was changed to July 23, 2010; the annual interest rate of KRW 13.4%; Defendant B provided a joint and several guarantee obligation under Defendant A’s loan of this case.

B. On June 7, 2010, Korea Standards Bank Co., Ltd. (hereinafter “instant two loans”) granted a loan of KRW 5 million to Defendant A on June 7, 2012 on a redemption date: 11.37% per annum on three months CD interest rates, and 21% per annum on delay interest rate (hereinafter “instant two loans”).

C. On June 21, 2013, in the case of ADD Mutual Savings Banks, the first loan claims of this case, and the Korean Standards Dold Bank, Inc., the same year.

8. On June 30, 201, the instant two loans were transferred to each Plaintiff while delegating the power to notify the assignment of claims, and the Plaintiff notified the Defendant A of the assignment of claims on June 23, 2014.

As of July 20, 2011, the principal of the instant loan is KRW 250,00,000, interest of KRW 5,690,410, and delay damages of KRW 61,873,531 (i.e., KRW 61,815,068 after loss of the benefit of time prior to the loss of the benefit of time).

E. As of June 10, 2015, the principal of the instant second loan is KRW 5,00,00,00 for interest, KRW 2,809,961 for interest, KRW 1,723,287 for delay, and KRW 9,53,248 for delay.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, 3, Gap evidence 2, Gap evidence 5-1, 2, Gap evidence 6, 9, and 10, and the purport of the whole pleadings

2. Assertion and determination

A. According to the facts found in the judgment as to the cause of the instant loan 1, the Defendants jointly and severally held against the Plaintiff at KRW 250,000,000, the principal amount of the instant loan 1 as of July 20, 201, and KRW 250,000, the Seoul Southern District Court C real estate auction.

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