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(영문) 서울중앙지방법원 2015.08.19 2014나65747
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

Recognizing the determination of the cause of the claim, the Defendant borrowed each of the loans from Korea Standards Bank, Inc., Ltd. in KRW 11,000,000,000 on December 8, 2007, and September 10, 2008, respectively.

(2) On July 21, 2010, the Bank of Korea under the Switzerland Co., Ltd. concluded a contract for asset management loan with the company under the Asset-Backed Securitization Act on December 8, 2007 to transfer the claim for the loans against the Defendant to the company under its assets management loan and notify the Defendant of the fact of the transfer.

On January 27, 2014, Dong Western Asset Management Loan Co., Ltd. concluded a bond acquisition agreement with the defendant and transferred the claim for the first and second loans to the defendant to the plaintiff and notified the defendant of the transfer.

As of June 19, 2015, the principal of the loan claim of KRW 19,584,091 (i.e., the principal of the loan of KRW 10,384,091) (i.e., KRW 9,20,00 of the principal of the loan of KRW 10,384,091); interest for delay is KRW 10,034,566 (i.e., interest for delay calculated at the rate of 18% per annum from August 15, 2012 to June 19, 2015 (i.e., interest for delay calculated at the rate of 18% per annum from August 15, 2012 to June 19, 2015).

[Grounds for recognition] According to the facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 3, 5, Gap evidence 6-1, 2, Gap evidence 8-1, 9-1 through 7-7, and the purport of the whole pleadings, barring any special circumstance, the defendant is entitled to pay the plaintiff interest rate of 29,514,306 won (= interest rate of 19,584,091 interest of 19,50,091 interest of 10,034,566 won) within the scope of 15,704,728 won, second interest of 15,704,728 won, second interest of 13,809,578 won) and interest rate of 1,219,584,091 won among them within the extent of 10% per annum from June 28, 2015 to interest rate of 10.

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