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(영문) 서울중앙지방법원 2020.07.08 2019나65421
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 29, 2010, C Co., Ltd. (hereinafter “C”) entered into a loan transaction agreement with the Defendant with a loan amount of KRW 200 million (hereinafter “instant loan transaction agreement”), which includes the following contents (hereinafter “the instant loan transaction agreement”); and in order to secure the instant claim, C Co., Ltd., Ltd. (hereinafter “C”) entered into a mortgage agreement with the Defendant on one parcel and the ground building (hereinafter “the instant real estate”).

Article 1 (Period of Loan. (4) Loan interest rate: three years: 2.88% of the base rate for change, and every six months during the fixed period of interest rate and property.

Article 3 damages for delay and (3) The rate of damages for delay shall be determined by adding the following additional rates of arrears to the interest rate on loans determined pursuant to Article 1 (5), and the minimum and maximum rate of damages for delay shall be as follows:

1. Loans in arrears with a premium rate of three months or less per annum ( differently applied depending on the period of delay): Ten percent per annum from the date on which arrears occurs, loans in arrears with a rate of eight percent to six months per annum from the date on which arrears occur: Ten percent per annum from the date on which arrears occur;

2. Minimum and highest damages rate: 14% per annum (24% per annum in cases of card theory): 21% per annum (25% in cases of card theory): Provided, That where the loan interest rate referred to in Article 1 (5) exceeds the highest damages rate, the damages rate shall be the rate calculated by adding 2% per annum to the loan interest rate, and where banks separately determine such as the commencement of legal procedures, the maximum damages rate shall apply;

B. C entered into an asset acquisition agreement with E Co., Ltd. (hereinafter “E”) on September 3, 2013, and transferred the instant claim to the said company, and E entered into an asset acquisition agreement with F Co., Ltd. (hereinafter “F”) on September 27, 2013, and transferred the instant claim to F when entering into an asset acquisition agreement with F Co., Ltd. (hereinafter “F”).

C. .

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