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Reasons
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(영문) 서울북부지방법원 2015.10.30 2015나30549
양수금
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1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 12,211,429 and KRW 3,712,361 among the Plaintiff, as to June 10, 2014.

Reasons

1. Facts of recognition;

A. On July 13, 2007, the Defendant: (a) borrowed KRW 5,00,000 each, by setting the loan interest rate of KRW 65.7% per annum from C&I Capital Co., Ltd. and KRW 65.92% of the overdue interest rate; and (b) failed to repay the loan thereafter; (c) on December 10, 2008, L&I Capital Co., Ltd. transferred the above loan claim to U.S. assets management company, and at that time notified the Defendant of the transfer of the above loan claim.

3) On July 31, 2012, a limited liability company, transferred the above loan claims to the Credit Counseling and Recovery Fund (the change to Plaintiff on March 28, 2013), and on December 14, 2012, notified the Defendant of the transfer of the above loan claims. (B) The overdue interest rate determined by the Plaintiff is 17% per annum from the day following the date of the determination of assets of the claim to the day of full payment.

2) As of June 9, 2014, the Defendant’s loan principal amounted to KRW 3,712,361, and overdue interest amounting to KRW 8,49,068, as of June 9, 2014, which is the date on which the assets are finalized. 【The statement in Gap evidence No. 1-4, and Gap evidence No. 2-4, and the purport of the whole pleadings.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, a bondholder, the remaining principal and interest of KRW 12,211,429 (the principal of KRW 3,712,361 interest rate of KRW 8,49,068) and to pay damages for delay calculated at the rate of 17% per annum, which is the overdue interest rate of the Plaintiff, from June 10, 2014 to the date of full payment, with respect to KRW 3,712,361 of the principal of the loan.

3. If so, the plaintiff's claim should be accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, so the judgment of the court of first instance shall be revoked and the order to pay the above money shall be issued as per Disposition.

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