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(영문) 서울중앙지방법원 2018.09.18 2017가단5234821
양수금
Text

1. As to the Plaintiff’s Intervenor’s Intervenor’s KRW 77,760,475 and KRW 32,570,100 among them, the Defendant shall start from October 20, 2017.

Reasons

1. Facts of recognition;

A. The Defendant concluded a loan agreement with financial institutions and received money as indicated in the following table (hereinafter collectively referred to as “the instant loan”), and subsequently failed to repay the principal and interest thereof in time, thereby losing the benefit of time. From the date when the benefit of time was lost to October 19, 2017, the said financial institution agreement and the interest and interest are calculated according to the interest rate for delay as stated in the following table.

Serial Bank loan balance (15,00,000 won, 15,000 won, 13,15,150,243 won, 95,354 won, 20,357 won, 35,595, 395, 357 won, 32,57,595,021 won, 45,190,375 won, 37,760,475 won, 20,355 won, 32,57,57,021 won, 32,570,190,190,375 won.

B. On June 21, 2013, the above financial institutions transferred the claim for the instant loan to the Plaintiff. On January 26, 2018, the Plaintiff transferred the claim for the instant loan to the Plaintiff’s Intervenor, and the Plaintiff and the Plaintiff’s Intervenor notified the Defendant of the transfer of the claim.

C. At the time of the instant loan, the Defendant agreed to comply with the overdue interest rate as stipulated by each bond-backed agency. The Plaintiff, pursuant to Article 11 of the General Rule on the Management of Entrusted Bonds with the National Diplomatic Fund, shall set the overdue interest rate at 17% per annum from the day following the date on which each claim is finalized until December 31, 2016 and 15% per annum from the following day

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 7, 8, and 9, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the amount of KRW 77,760,475 of the instant loan and the principal amount of KRW 32,570,100 of the loan and delay damages calculated at the rate of 15% per annum from October 20, 2017 to the date of full payment.

B. The Defendant’s claim is subject to the lapse of the five-year commercial extinctive prescription for the obligation of the instant loan.

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