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(영문) 서울중앙지방법원 2016.01.26 2015가단5146081
양수금
Text

1. The Plaintiff:

A. Defendant A’s payment of KRW 21,141,430 out of KRW 78,760,559 and its money to May 16, 2015.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) Defendant A received a loan from each financial institution and was unable to repay the principal and interest of the loan. As of May 15, 2015, Defendant A failed to repay the principal and interest of the loan to a financial institution are as listed below, and Defendant B guaranteed the loan obligations No. 2 as listed below in the list of claims.

[ table] Unit: Credit card 12,441,60 34,048,043,46,489,643 April 10, 209, 209, 5,123,005,834,28320,957, 2888, June 21, 2013; 2,976,8257, 315, 315, 934, 93410, 292,759, 759, 300,00420,869,69,60,89,60,60,80,89,000,00,000,000,000,000,000,000,000,000,000,000,000,000

B. On the other hand, the Plaintiff transferred all of the principal and interest of loan to Defendant A from each of the above financial institutions on the date of transferring the assignment indicated in the above table, delegated the authority to notify the transfer, and notified the Defendant A thereof.

C. Meanwhile, the overdue interest rate of each of the above financial institutions is at least 17% per annum.

【Ground for Recognition: Each entry of Gap evidence 1-1 to Gap evidence 9 and the purport of the whole pleadings】

B. According to the above facts, Defendant A is obligated to pay to the Plaintiff delay damages calculated at the rate of 17% per annum as requested by the Plaintiff from May 16, 2015 to the full payment date, as to the total sum of the principal and interest of the loan of KRW 78,760,559 and the total sum of the principal and interest of the loan of KRW 21,141,430, out of the total sum of the principal and interest of the loan of KRW 78,760,59, and the total sum of the principal and interest of the loan of KRW 20,957,288, and among them, KRW 5,123,05, as requested by the Plaintiff from May 16, 2015 to the full payment date.

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