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(영문) 서울중앙지방법원 2015.06.09 2015가단38284
양수금
Text

1. The defendant shall pay to the plaintiff 131,460,411 won and 58,622,686 won among them to the day of complete payment.

Reasons

1. Basic facts

A. On June 27, 2008, the National Bank Co., Ltd. (hereinafter “National Bank”) set a loan to the Defendant to apply KRW 164,00,000 to the Defendant on June 27, 2013 due date, the interest rate fluctuation rate (the base rate of fluctuation + 13.5% + the interest rate fixed at 13.5%, every six months), and the interest rate fixed at the interest rate fixed at the rate of delay plus the interest rate at the interest rate in arrears (the rate applied at the rate of delay).

B. When the Defendant’s overdue interest on loans was lost, on December 29, 2009, the National Bank transferred the above loan bonds (hereinafter “the instant loan bonds”) to the Gyeonggi Mutual Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”) and notified the Defendant of the assignment of claims on March 4, 2010.

C. As a mortgagee, the National Bank applied for the auction of the real estate rent B with the Jeju District Court, and received dividends of KRW 104,920,459 on February 19, 2010, and appropriated as part of the principal of the instant loan claim.

As of January 12, 2015, the principal of the loan claim of this case as of January 12, 2015 is KRW 58,622,686, overdue interest is KRW 72,837,725, and the agreed delay interest rate applied to the loan claim of this case is 15.6% per annum.

E. The Gyeonggi Savings Bank was declared bankrupt and was appointed as a bankruptcy trustee by the Korea Deposit Insurance Corporation.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15.6% per annum, which is the agreed interest rate, from January 13, 2015 to the date of full payment, for the amount of KRW 131,460,41 (i.e., the principal amount of KRW 58,622,686 + overdue interest + KRW 72,837,725), and for the amount of KRW 58,686, which is the principal of the loan.

B. As to this, the Defendant is a commercial claim, and five years from around 2009, where part of the loan claim of this case was repaid at the voluntary auction procedure.

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