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(영문) 서울중앙지방법원 2018.01.24 2017가단42485
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 101,94,628 and the amount of KRW 64,400,970 among them, per annum from March 16, 2017 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the evidence Nos. 1 to 8 of the judgment as to the cause of the claim. As such, the Defendant is obligated to pay the Plaintiff the money set forth in Paragraph 1 of the Disposition with regard to the principal and interest of loans No. 2

New Bank Co., Ltd. (hereinafter “New Bank”) provided loans to the Defendant on two occasions under the name of loans for general capital in general, as indicated below, and transferred each of the above loans to the Plaintiff on August 28, 2012. A notice of assignment of claims was given by mail of content certification.

On September 10, 2005, the final interest rate (the date of the expiration of the last credit) for the credit limit (the annual interest rate) 140,000,000 won, 2.8% per three months CDs (minimum 16%) on September 2, 2010 (minimum 16%) 300 million won per annum, 3.4% per three months CDs (minimum 16%) per annum.

B. On May 2013, 2013, the Plaintiff submitted a statement of account of the claim amounting to KRW 162,577,278 (i.e., the principal amount of KRW 135 million and interest KRW 27,077,278) and KRW 365,167,559 (i.e., the principal amount of KRW 300 million and interest KRW 65,167,559). On June 25, 2013, the Plaintiff received a dividend of KRW 162,57,278 with respect to the principal and interest of KRW 162,57,278 and 200 million with respect to the principal and interest of KRW 20 million.

Accordingly, the debt of the principal and interest of the loans became extinct due to the repayment of the full amount, and the debt of the principal and interest of the loans of Nos. 1 64,409,970 as of March 15, 2017 remains 101,94,628 as of March 15, 2017.

The interest shall be lowered by the amount calculated at the rate of 15.74% per annum from June 26, 2013, which is the date following the date of distribution, to March 15, 2017, for the principal amounting to 64,409,970 won.

2. The defendant's assertion: (i) the above claim was occurred in around 2005 and the extinctive prescription of five or ten (10) years has already been completed; and (ii) the damages rate for delay in the credit transaction agreement shall be fifteen (15) years annually.

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