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(영문) 서울남부지방법원 2017.10.18 2016가단254898
양수금
Text

1. The defendant shall pay 108,115,750 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On November 14, 2008, the Defendant entered into a contract for the purchase of B Apartment-gu 306 Dong-dong 1902 (hereinafter “instant apartment”) from Goyang-si Co., Ltd. (hereinafter “instant sales contract”).

B. For the purpose of preparing an intermediate payment under the instant sales contract on March 11, 2009, the Defendant was loaned KRW 278,640,00 from the new bank (hereinafter “new bank”) at the interest rate of KRW 278,640,00 as “the fluctuation rate, three months during which the interest rate is changed, CD circulation rate of 2.3%”, “the interest rate of delay 2.3%”, “the lowest 16% per annum, the highest 21% per annum (the overdue interest rate shall apply within one month, 0% within one month, 1% within one month, and 2% where the overdue interest rate exceeds three months)”, “the overdue interest rate of KRW 278,640,00 as of February 28, 2011 (the final change to March 30, 2012).”

(hereinafter “instant loan”). C.

The interest on the instant loan was paid until December 30, 201, and the instant sales contract was cancelled on May 22, 2013, and the price that was paid by selling the instant apartment again was appropriated for the principal of the instant loan around December 26, 2014.

On the other hand, on December 24, 2013, the new bank transferred the instant loan claims to a limited liability company specialized in the C&C securitization, and on January 22, 2016, the limited liability company specialized in C&C re-transfer the said claims to the Plaintiff, and notified the Defendant of each transfer of claims.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 6, 9, Eul 11, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the evidence prior to the determination of the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff, the assignee, interest of KRW 278,640,00 from December 31, 201 to March 29, 201, and delay damages, etc. in accordance with the pertinent applicable interest rate during the pertinent period from March 30, 201 to December 26, 2014.

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