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(영문) 서울남부지방법원 2015.06.10 2015가단18293
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 49,913,365 and KRW 27,256,709 among them to the day of full payment.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 4, the defendant was granted a loan to the defendant on December 14, 1999 at the rate of 13.8% per annum, interest rate of 22% per annum, interest rate of 22% per annum, due date of repayment on October 30, 201, the above loan claims against the defendant, the above loan claims against the Si-type Saemaul Savings Depository, the Si-type Saemaul Savings Depository on February 25, 2005 to the plaintiff on April 18, 2014, and the Korean Saemaul Savings Depository Federation issued a notice of the transfer of the above credit from the Si-type Saemaul Savings Depository on August 20, 2014, and notified the defendant of the transfer of the above credit on or around such time, and the amount of the principal and interest of the defendant can be recognized as the principal, 27, 256, 79 and 265 won as of December 24, 2014.

According to the above facts, the defendant is obligated to pay to the plaintiff who acquired the loan claim of this case the total amount of KRW 49,913,365 (= principal principal KRW 27,256,709 and delay damages of KRW 22,656,656) and the principal amount of KRW 27,256,709, as requested by the plaintiff, delay damages calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 12, 2015 to the day of full payment, as requested by the plaintiff.

Accordingly, the defendant asserts to the effect that the plaintiff cannot respond to the plaintiff's claim since he/she currently declared bankruptcy in the court or applied for immunity. According to the Eul evidence No. 1, the defendant filed a petition for bankruptcy and application for immunity under the Suwon District Court 2014Hadan5499, 2014Hadan5499 on September 24, 2014, and 2014Gudan5499 on September 24, 2014, but it is recognized that there was a declaration of bankruptcy and exemption by the date of the closing of argument in this case, unless there is any evidence to prove that there was a declaration of bankruptcy and exemption by the date of the closing of argument in

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