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(영문) 창원지방법원 2015.10.16 2015가단75141
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 76,632,328 and KRW 24,505,469 from April 1, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Each of the financial institutions listed in the table Nos. 1 through 6 (hereinafter “the financial institution of this case”) held claims against the Defendant for each of the loan subjects. However, as of March 31, 2015, the loan balance and the interest accrued therefrom for each of the loan subjects as of March 31, 2015 are as listed in the corresponding column set forth below.

1) 1,687,890 2,870,875,98,878,875,875,875 2) foreign exchange bank credit card 3,517,517,567,562,083 10,079,290 3. 28,07, 2077,000,768,945,8394 LG card 2636,944, 9636, 29636, 207, 2944, 207, 3665, 294, 207, 365, 294, 205, 365, 294, 365, 206, 294, 365, 294, 365, 294, 364, 2965, 2065, 1654

B. The instant financial institution transferred a claim for each of the above loans to the Plaintiff on May 13, 2005 pursuant to the Asset Transfer Agreement and Asset-Backed Securitization Act (a claim for each of the loans listed in [Attachment 6] to the Plaintiff on May 13, 2005, and the Plaintiff notified the Defendant of the fact of transfer pursuant to Article 7 of the above Act.

C. The interest rate for delay applicable to the claim by each of the above loan items is 17% per annum from April 1, 2005.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 9 (including branch numbers), the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum, which is the interest rate on the accrued interest from April 1, 2015 to the date of full payment, as to the total of the loan balance and the accrued interest on the loan amount of KRW 76,623,328, and the balance of the loan amount of KRW 24,505,469, except in extenuating circumstances.

For this reason,

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