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(영문) 대구지방법원 2015.07.16 2015가단104463
양수금
Text

1. The defendant shall pay to the plaintiff 121,597,645 won and 18,535,965 won among them, from January 9, 2015 to the day of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. The following facts can be acknowledged in light of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3-1, 2, and 4.

1) On March 7, 2007, Busan Bank loaned KRW 600 million to C on March 7, 2008; the interest rate of KRW 1.33% of the PPR; and the interest rate of delay damages rate of the above bank to comply with Article 3(5) of the Framework Agreement on Credit Transactions set forth by the above bank. The interest rate in arrears under the above agreement was 21% per annum from May 1, 2010 to July 25, 2007. The Defendant assumed the above obligation of C on October 13, 2009.

3) However, the Defendant delayed the repayment of the above obligation. On June 29, 2010, the said bank transferred the above obligation against the Defendant to the Plaintiff, and notified the Defendant thereof. 4) On December 28, 2010, the Plaintiff recovered KRW 554,456,419 from the Defendant and appropriated it for the repayment of the principal and interest of the loan. The said obligation remains 18,535,965 won and damages for delay until January 9, 2015.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 121,597,645 won (the balance of principal 18,535,965 won for delay damages of 103,061,680 won) and the principal amount of 18,535,965 won, the interest rate of 21% per annum from January 9, 2015 to the date of full payment.

2. The defendant's assertion is a defense that the defendant paid all of the above debts, but there is no evidence to acknowledge it, and the above argument is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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