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(영문) 서울중앙지방법원 2016.03.30 2015나46255
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. On April 1, 2010, the Plaintiff asserted that the non-party savings bank (hereinafter “non-party savings bank”) lent KRW 3,00,000 to the Defendant on April 1, 201, with a maturity of KRW 42% per annum, interest, and interest interest interest at 42% per annum. Article 9(1) of the General Account Loan Rules of the non-party savings bank and Article 7(3) of the Credit Transaction Agreement provide that “The interest rate shall be deducted from the deposit balance of the original account on the first business day following the settlement date, or the balance shall be deducted from the deposit balance of the original account on the first business day following the settlement date, and shall be paid damages for delay immediately to the actual payment date from the expiration date of the lending period or the expiration date of the lending period from the date of the lending period to the Defendant. The Defendant asserts that the Plaintiff is liable to pay the principal to the Plaintiff as to the loan amount (the principal and interest of the loan) and the principal loans of KRW 3,223,2323 (the interest rate per annum).

2. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 and 5, the fact that the non-party savings bank loaned KRW 3,00,000 to the defendant on April 1, 201 by setting the due date of payment as KRW 42% per annum, interest and interest in arrears, as of September 4, 201, the principal amount of the loan bonds against the defendant of the non-party savings bank was KRW 3,00,000, interest rate was KRW 676,544, interest rate was paid, and the non-party savings bank transferred its claim against the defendant upon the decision of transfer of contracts by the Financial Services Commission pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry on September 5, 201 and publicly announced the above decision of transfer of contracts on September 6, 2011 can be acknowledged in two daily newspapers.

On the other hand, the argument that the interest of KRW 223,323 may also be included in the leased principal pursuant to Article 9(1) of the Regulations on the Comprehensive Savings Bank Loans and Article 7(3) of the Credit Agreement, and that the interest of KRW 223,323 may be claimed.

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