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(영문) 서울동부지방법원 2017.10.13 2017가단110770
양수금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from November 28, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire pleadings as indicated in Gap evidence Nos. 1 through 9, the Postal Savings Bank determined on October 10, 2012 at the rate of 11.2% per annum and 25% per annum, with interest rate of 650 million won per annum on October 12, 2012, with interest rate of 10.9% per annum and interest rate of 25% per annum on October 12, 2012, and with interest rate of 25% per annum; thereafter, the Postal Savings Bank transferred each of the above loan claims against the defendant to the defendant on June 29, 2014 (hereinafter referred to as the "loan Claim No. 1"), and notified the defendant of the assignment of the claim No. 1 to the defendant on June 27, 2014; notified the defendant of the assignment of the claim No. 975 million won per annum and interest rate of 300 million won per annum; and notified the defendant of the loan No. 29757. 298 million won per annum

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 28, 2014 to the date of full payment, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant: (a) the Defendant: (a) if the NAK Savings Bank did not pay interest on a collateral for the instant loan claim, for three months in arrears, or for a period of time after the maturity date, incurred overdue interest on the instant loan by intentionally delaying the execution of the collateral even if the total amount of the principal and interest could be recovered; and (b) eventually, (c) increased the amount of the debt to KRW 910 million in the said auction case; (d) thus, the Defendant is liable for the portion accumulated intentionally by the said bank

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