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(영문) 대전지방법원 2019.03.21 2018가단225736
양수금
Text

1. The Defendant’s KRW 492,943,225 and KRW 147,309,91 among the Plaintiff’s KRW 147,91 annually from September 27, 2018 to October 4, 2018.

Reasons

1. Facts of recognition;

A. On April 25, 2003, the E Association (hereinafter “E Association”) granted a loan to the Defendant on April 25, 2003 by stipulating that “The amount of KRW 285 million shall be KRW 6.6% per annum on April 25, 2006, interest rate of KRW 6.0% per annum, and the rate of delay damages shall be 6.0% per annum on the loan interest rate of less than one month per annum, 7.0% per month and less than three months, and 9.0% per hour of more than three months.”

B. The E Union is the Daejeon District Court, 2006 tea353, which granted the defendant the main court of the Daejeon District Court.

On April 19, 2006, the above court applied for a payment order for the loan claim stated in the subsection, and the above payment order was finalized on May 10, 2006.

C. E Union on October 13, 2006 the auction procedure for the real estate owned by the Defendant, which was conducted as the Hongsung Branch Support Fund of Daejeon District Court on October 13, 2006

Some of the loan claims stated in the subsection were received as dividends, and there was no objection to the dividend, and the distribution schedule was finalized. D.

On September 4, 2018, the E Union transferred the remainder of the loans owed to the Defendant to the Plaintiff (hereinafter “instant claim for the transfer money”); and on December 17, 2018, notified the Defendant of the said assignment of claims.

As of September 26, 2018, the claim for the amount of the transfer in this case is KRW 147,309,911, interest or delay damages KRW 345,63,314 in total, 492,943,225 in total.

(E Association and the Plaintiff calculated the rate of damages for delay from January 31, 2017 to April 29, 2018 by 15.6% per annum, from April 30, 2018 to September 3, 2018, and from April 30, 2018 to September 3, 2018). [Grounds for recognition] In the absence of dispute, the respective entries in subparagraphs A through 5, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant’s claim against the Plaintiff for the amount of KRW 492,943,225 with the claim of this case and KRW 147,309,911 with the claim of this case from September 27, 2018 to October 4, 2018, which is the delivery date of the original payment order, prior to the performance as the instant lawsuit, shall be 9.6% per annum as the Plaintiff’s claim for delay damages from September 27, 2018 to the delivery date of the original payment order.

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