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(영문) 서울중앙지방법원 2017.01.25 2016나46900
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap evidence No. 1 and No. 6, the defendant concluded a loan transaction agreement and used the loan to the defendant on August 17, 2001 as the loan limit of 20,000,000 won (the interest accrued) with Jeju Bank Co., Ltd. (hereinafter " Jeju Bank"), interest rate of 8.65% per annum, overdue interest rate of 19% per annum, and maturity of 17 August 17, 2002 (after this point, extended to August 17, 2005). Jeju Bank filed a lawsuit against the defendant for the loan claim (the Jeju District Court Decision 2005No20650), and the plaintiff was notified the defendant of the above loan claim amount of 15% per annum from Jeju Bank to 205% per annum of 206, and the plaintiff was notified of the above loan claim amount of 30% per annum 16.28% per annum, 2006.

According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff 31,55,145 won in total and 18,543,019 won in interest of the above borrowed principal, and damages for delay calculated at the rate of 17% in total from December 9, 2015 to the date of full payment, which is the day following the above calculation base date.

2. Judgment on the defendant's defense

A. The Defendant’s defense of repayment was extinguished by repayment of the above loan amount in the amount of KRW 20,208,262 on December 29, 2006, or the Defendant’s above loan amount was transferred to the Defendant’s shares and operating rights from the Defendant Co., Ltd. (hereinafter “C”) around April 30, 2010 prior to the Plaintiff’s notice of assignment of claims.

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