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(영문) 서울중앙지방법원 2015.11.06 2014나67385
양수금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall be jointly and severally and severally with the co-defendant B of the first instance trial to the plaintiff 19,764,371 won and the plaintiff.

Reasons

1. Facts of recognition;

A. On June 30, 1997, Co-Defendant B entered into a monetary loan agreement (the instant loan agreement) with the Hancheon-gun Community Credit Cooperatives (Sacheon-gun Branch) at the rate of 10,00,000 won per month, the transaction period from June 30, 1997 to June 30, 1999, the interest rate of 13% per annum, and the delay damages rate of 22% per annum (the following, the “instant loan”, and the “instant loan claim”). On the same day, the Defendant jointly and severally guaranteed the above loan obligation against the Plaintiff on the same day, and thereafter, the Defendant traded the said loan obligation against the Plaintiff on several occasions from the self-reliance deposit under the above agreement.

B. On June 28, 2013, the Plaintiff acquired the instant loan claims from the foregoing community credit cooperatives, and was delegated with the authority to notify the said community credit cooperatives, and notified B of the transfer of the said claim by mail proving the content of the transfer, and the said notification reached B around that time.

C. As of January 8, 2014, the balance of the principal and interest of the instant loan obligations as of January 8, 2014 (i.e., the principal amount of KRW 19,764,371 (i.e., KRW 9,933,824) (i.e., interest and delay damages up to January 7, 2014). The Plaintiff applies the rate of 17% per annum pursuant to Article 11 of the Regulations on the Management of Entrusted Bonds with Credit Counseling and Recovery Fund within the scope of the initial agreed delay damages between the Defendant and the relevant financial institution

[Ground of recognition] Evidence No. 1-2, Evidence No. 3, No. 4, 5, and No. 6, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is jointly and severally liable to pay the Plaintiff damages for delay at the rate of 17% per annum from January 9, 2014 to the date of full payment, as the Plaintiff seeks, with respect to the principal amount of KRW 19,764,371 and the principal amount of KRW 9,830,547.

3. Accordingly, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance which has different conclusions is unfair, and thus, it is ordered to cancel this and order the payment of the above money.

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