logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.09 2015가단5179111
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,63,030 and KRW 32,048,787 among them, 17% per annum from June 16, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant obtained a credit card from the National Bank of Korea (hereinafter “National Bank”), and used the credit card as of October 30, 2009, with the interest rate of 200,000 won per annum, and with the interest rate of arrears rate of 25% per annum. On June 19, 2002, the Defendant obtained a loan of 30,000,000 won for an automatic loan from the head of the Tong on October 30, 2009, with the interest rate of 31,849,787 won per annum and the interest rate of arrears rate of 20% per annum.

B. On December 10, 2009, the National Bank transferred the above loan claims to the Plaintiff. On May 4, 2010, the Plaintiff delegated the notification of the transfer to the Plaintiff with the notification of the transfer of claims as the content certification, which is the Defendant’s resident registration card, “Yyang-gu B in Yangyang-si,” which is the Defendant’s domicile.

C. Also, the instant complaint and the notice of transfer (Evidence A 3) stating the fact of assignment of claims reached the Defendant on July 28, 2015.

On the other hand, as of June 15, 2015, the defendant's obligation to pay principal and interest is as shown in the attached Form if the overdue interest rate is calculated as 17% per annum.

[Reasons for Recognition] Facts without dispute, obvious facts in record, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Assertion and determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 66,633,030 as of June 15, 2015 (=total amount of KRW 32,049,787 (=total amount of KRW 31,849,787) and interest or delay damages (=total amount of KRW 34,583,243 (= KRW 222,988 KRW 34,360,255)) and interest or delay damages incurred therefrom (=total amount of KRW 32,049,787) as of KRW 32,049,787 with interest calculated at the rate of interest rate of KRW 17% per annum sought by the Plaintiff from June 16, 2015 to the date of full payment).

B. The defendant asserts that the above claim of the plaintiff was extinguished five years after the lapse of the period of extinctive prescription from April 12, 2005, and that the lawsuit of this case was filed after five years after the lapse of the period of extinctive prescription from April 12, 2005. However, the fact that the lawsuit of this case was filed is apparent, but according to the purport of Gap evidence No. 6's statement and the whole purport of pleading, the National Bank is the Suwon District Court.

arrow