logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.03 2014가합52211
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 760,922,737 as well as KRW 370,00,000 among them, from April 10, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 28, 2006, the non-party Hyundai Mutual Savings Bank loaned the amount of KRW 370 million to the Defendant at 10% per annum, interest rate of KRW 170 million per annum, overdue interest rate of KRW 17% per annum, and due date of payment of April 28, 2008.

B. On July 11, 2008, Hyundai Mutual Savings Bank transferred the above loan claims (including interest accrued or delay damages claims) to the Plaintiff. On September 16, 2008, Hyundai Mutual Savings Bank notified the Defendant of the transfer by mail verifying the content of the transfer and sent the notification to the Defendant at that time.

C. Meanwhile, the interest on the above loan claim or delay damages until July 11, 2008 are KRW 29,549,313.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

2. Accordingly, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay at the rate of 17% per annum from July 12, 2008 to July 9, 2014 (=361,373,424 won per annum 370,000 x 0.17 x (5272/365 x 572/365)) and of the principal amount of KRW 370,00,000 among them, to the Plaintiff at the rate of 17% per annum from July 11, 2008 to July 11, 2008.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

arrow