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(영문) 서울중앙지방법원 2018.08.09 2018가단5034127
양수금
Text

1. The defendant shall pay to the plaintiff KRW 149,66,178 as well as KRW 78,60,000 among them, from January 17, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On January 25, 2008, the Defendant received a loan of KRW 100 million from a single bank.

(hereinafter referred to as the "loan of this case"). (b)

On June 28, 2013, Han Bank transferred the principal and interest interest claim of this case to the Plaintiff.

C. The amount of the principal and interest of the instant loan outstanding as of January 16, 2018 is KRW 149,66,178 in total, and the balance of the principal and interest of the instant loan is KRW 78,60,000 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the allegations and the above facts, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 149,66,178 as well as KRW 78,60,000 as principal and interest of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 17, 2018 to the date of full payment.

In regard to this, the defendant defense that the principal and interest of the loan of this case were fully repaid and extinguished as the successful bid price of secured real estate provided as security at the time of the loan of this case. However, there is no evidence to acknowledge this defense.

3. Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.

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