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(영문) 서울남부지방법원 2017.03.16 2016가합106934
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 509,143,885 and KRW 247,902,170 from June 25, 2016 to the day of full payment.

Reasons

In fact, on October 11, 2004, the Korea Saemaul Savings Depository, on which the recognition was enforced, extended a loan of KRW 300,000,000 to the Defendant on October 11, 2009, with the maturity of payment on October 11, 2009, the interest rate of KRW 7.9% per annum, and the overdue damages rate of KRW 18% per annum (hereinafter “instant loan”).

On January 15, 2007, the Korea Saemaul Savings Depository transferred each of the instant loan claims (the principal amount at the time of acquiring the Plaintiff, KRW 247,902,170, delay damages, KRW 261,241,715, KRW 509,143,885) to the Korea Saemaul Savings Depository on April 18, 201, and the Korea Saemaul Savings Depository notified the Defendant of each of the assignment claims by content-certified mail on December 1, 2014.

[Grounds for recognition] According to the above facts, Gap evidence Nos. 1 through 4 and the purport of the entire pleadings, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 25, 2016, to the date of delivery of the original copy of the instant payment order, as requested by the plaintiff, to the plaintiff, a transferee of the instant loan claim of this case, the total amount of principal and interest of KRW 509,143,885, and principal and interest of KRW 247,902,170.

The defendant asserted that the loan of this case was illegally conducted, but there is no evidence to acknowledge it.

If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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