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(영문) 수원지방법원 2016.06.16 2015가합70511
대여금 등
Text

1. The defendant is against the plaintiff succeeding intervenor.

(a) From April 26, 2015, KRW 210,477,500 and KRW 200,000 among them.

Reasons

1. The Plaintiff, on October 30, 2014, lent to the Defendant a loan claim amounting to KRW 200,000,000 to KRW 11 per annum on January 25, 2015, and the Plaintiff and the Defendant extended the due date on January 25, 2015.

When the Plaintiff and the Defendant delayed the payment of interest four times at the time of the above lending contract, the Defendant entered into an agreement to lose the benefit of time, and the Defendant did not pay interest at least four times.

In addition, the Plaintiff entered into a credit card contract with the Defendant and set the amount of KRW 6,194,416 on August 20, 2014 at the interest rate of 24% per annum, and set the amount of KRW 4,283,084 on November 17, 2014 at the interest rate of 24% per annum, and the period of repayment of the said obligation became due prior to the filing of the suit.

On the other hand, the Plaintiff’s succeeding intervenor acquired all of the claims, such as loans, etc. that the Plaintiff had against the Defendant, from the Plaintiff on December 29, 2015, in accordance with the asset-backed securitization plan under the Asset-Backed Securitization Act.

Therefore, with respect to the Plaintiff’s Intervenor’s Intervenor’s total sum of KRW 210,47,50 (=200,000,000 KRW 6,194,416,283,084) and KRW 200,00,000,00 of the loan principal, the Defendant is obligated to pay the Plaintiff’s Intervenor’s delay damages at the rate of KRW 11% per annum under the agreement from April 26, 2015 to April 4, 2016, for which the Plaintiff’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s motion for intervention was served after the date of the Defendant’s final interest payment, and to pay damages for delay at the rate of KRW 24% per annum under the agreement from May 26, 2015 to the date of full payment, from April 26, 2016 to the date of the Plaintiff’s motion for intervention’s motion for intervention; and

2. On October 31, 2014, the Plaintiff filed a claim for registration of the establishment of a neighboring mortgage with the Defendant KRW 600 million.

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