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(영문) 부산지방법원동부지원 2020.08.19 2020가단205242
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 157,402,733 and KRW 100,000 among them, from November 5, 2019.

Reasons

1. Facts of recognition;

A. On April 29, 2014, the Small and Medium Business Corporation extended a loan of KRW 100,000,000 to the Defendant with interest rate of KRW 3.94% per annum and interest rate of KRW 12% per annum.

B. As of November 4, 2019, the amount of principal and interest of the Defendant is KRW 100,000,000, interest and delay damages plus KRW 57,402,733.

C. On December 9, 2016, the Small and Medium Business Corporation transferred the above principal and interest of loan to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On January 9, 2017, the Small and Medium Business Corporation notified the Defendant

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 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 the principal and interest of loan amounting to KRW 157,402,733 (i.e., KRW 100,00,000, KRW 57,402,733) and damages for delay calculated at the agreed interest rate of 12% per annum from November 5, 2019 to the date of full payment of the principal and interest of KRW 10,000,000, which is the day following the date of final calculation of interest.

The defendant's representative liquidator is granted a decision of immunity from bankruptcy, and thus the plaintiff's claim is not justified, and the representative liquidator is granted a decision of immunity from bankruptcy, and the defendant's debt is not exempted from liability. Thus, the above argument cannot be accepted.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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