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(영문) 의정부지방법원 2015.09.24 2014가단116332
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 76,700,156 and KRW 24,944,073 among them:

B. Defendant B is the above Defendant A.

Reasons

1. Basic facts

A. Each of the financial institutions listed in the table 1 to 8 (hereinafter “the financial institution of this case”) held against Defendant A a claim for each of the loan subjects (hereinafter “claim for the loan of this case”). However, on September 2, 2014, the loan balance and the interest rate for each of the loan subjects as of September 2, 2014 are as listed below.

Serial 2,093,332 3,354,894,2262, 18.06.18.5,567,9339,920,7215,788,705 LG Card 1,970,740,7404, 6468, 26468, 20648, 20648, 26468, 20646, 205, 207, 36468, 205, 2064, 364, 205, 205, 364, 205, 742, 742, 742, 742, 742, 548, 768, 76368, 7468, 7686, 467, 7486, 2967, 7486

B. Defendant B jointly and severally guaranteed the debt of Nos. 2 among the above debt.

C. The instant financial institution transferred a claim for each of the above loan subjects to the Plaintiff on May 13, 2005 pursuant to the Asset Transfer Agreement and Asset-Backed Securitization Act, and the Plaintiff notified the Defendant A of the transfer pursuant to Article 7 of the said Act.

The interest rate for delay applicable to claims by each of the above loan items is 17% per annum from April 1, 2005.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including provisional number), and the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition as above with respect to Defendant A, Defendant A is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum, which is the interest rate for delay, from September 3, 2014 to the date of full payment, with respect to KRW 24,94,073 of the loan balance and the total of the amounts of the loan balance and the accrued interest for each of the above loan items and KRW 76,70,156, and the balance of the loan balance of the above amounts.

The plaintiff from September 2, 2014.

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