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(영문) 서울중앙지방법원 2014.12.18 2013가합547347
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 426,526,757 and the amount of KRW 198,435,280 among the amounts.

Reasons

1. Under each of the following facts, facts may be acknowledged by integrating each of the statements in Gap evidence Nos. 1 to 4 as a whole.

On May 10, 2005, the Defendant borrowed 200,000,000 from Han Bank Co., Ltd. (hereinafter “One Bank”) at the interest rate of 6.23% and 19% in arrears interest rate.

(hereinafter referred to as the “loan Claim”). (B)

On May 23, 2007, the Han Bank notified the Defendant of the assignment of the above assignment on May 23, 2007, and on July 2, 2010, the Plaintiff notified the Defendant of the delegation of the right to notify the transfer of the said assignment after being delegated by the above savings bank to the Defendant on September 3, 2009. The above savings bank transferred the loan claim to the Somatototo Mutual Savings Bank on April 22, 2010. The Han Bank notified the Plaintiff on May 31, 2007, and the above limited liability company notified the transfer of the above assignment.

C. The instant loan claim is the principal amounting to KRW 198,435,280 as of November 24, 2013, and KRW 228,091,477 as of November 24, 2013.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 27, 2014 to the day of complete payment, which is the day following the day of service of a copy of the claim of this case and the application for change of cause sought by the Plaintiff as to the principal amount of KRW 198,435,280, the principal amount of KRW 228,091,47, and the principal amount of KRW 198,435,280, among the above principal amount.

3. It is so decided as per Disposition by accepting the plaintiff's claim for conclusion.

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