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(영문) 서울중앙지방법원 2016.07.14 2016나14729
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 5,712,776 and 2,382 among them.

Reasons

1. According to the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the loan claim below, the total amount of KRW 5,712,776 and the principal amount of KRW 2,382,472 among them, delay damages calculated at the rate of 17% per annum, which is the interest rate determined by the Plaintiff, within the scope of the agreed interest rate from June 1, 2015 to the date of full payment, from June 1, 2015.

On June 27, 2003, Korea-China Mutual Savings Bank established and lent 3,000,000 won to the Defendant at the agreed interest rate of 30% per annum and 24 months for loan period.

B. After that, under Article 14(1) and (2) of the Act on the Structural Improvement of the Financial Industry and Article 17-6(3) of the Regulations on the Supervision of Business of Mutual Savings Banks, the Financial Supervisory Commission made a decision to transfer the above loans (hereinafter “the instant bonds”) to the Reorganization Bank Corporation (hereinafter “Settlement Bank Corporation”) with respect to the above loans, and on July 9, 2005, the said decision to transfer the contracts was publicly announced in the Central Daily Report, which is a central daily newspaper, and the daily Economic Examination.

C. Accordingly, on July 15, 2009, the Liquidation Corporation transferred the instant claim to the Defendant (hereinafter “PPP”) and around that time notified the Defendant of the assignment of the claim.

On May 31, 2012, the Plaintiff (the Credit Recovery and Recovery Fund of the previous company) acquired the instant claim from Spanish Loan.

On August 28, 2012, the Plaintiff was delegated with the authority to notify the assignment of claims from the Defendant, and sent a notice of the assignment of claims by content-certified mail to the Defendant, and the said notice of assignment of claims reached the Defendant around that time.

On the other hand, as of May 31, 2012, the sum of the principal and interest of the instant bonds as of May 31, 2012 is KRW 5,712,776 ( = principal interest of KRW 2,382,472 or delay damages of KRW 3,330,304). The overdue interest rate determined by the Plaintiff within the agreed interest rate of the instant bonds is 17% per annum

[Grounds for recognition] Gap 1.

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