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(영문) 서울남부지방법원 2015.09.04 2015가합2066
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 323,56,406 and the amount of KRW 164,925,06 from February 10, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Saemaul Undong Community Fund, on April 6, 2005, extended the repayment period of KRW 120,000,000 to the Defendant on April 6, 2008, the base interest rate of KRW 7.2%, and the delay damages rate of KRW 15% by setting the repayment period of KRW 10,00,000 on September 9, 2005, the repayment period of KRW 100,000 on September 9, 2006, the base interest rate of KRW 7.2%, and the delay damages rate of KRW 15%.

B. On January 15, 2007, the Korea Saemaul Savings Depository and the Korea Saemaul Savings Depository and the Korea Saemaul Savings Depository, around April 18, 2014, assigned the claims for loans to the Defendant to the Plaintiff in sequential order. The Korea Saemaul Savings Depository and the Korea Saemaul Savings Depository granted the power of attorney to notify the assignment of claims from the Korea Saemaul Savings Depository and notified the Defendant of each assignment of claims around August 20, 2014.

C. The principal amount of the Defendant’s loan remains in KRW 164,925,066, interest rate of KRW 158,641,340.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the Plaintiff the remainder of the principal and interest of the loan obligation (164,925,066 won 158,641,340 won) and the principal amount of 164,925,066 won, which is the day following the delivery date of the original copy of the instant payment order, to the day of full payment. The Defendant is obligated to pay damages for delay at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 10, 2015 to the day of full payment.

B. The defendant's assertion is alleged to the effect that the defendant cannot accept the claim for the amount of the loan since he/she entered into the loan contract with the Korea Saemaul Bank without the defendant's father's request. However, unless special circumstances such as the defendant's awareness that the loan contract was concluded under the defendant's name and the financial institution agreed to or understood that it will not impose the obligation on the defendant, the defendant's assertion is the subject of the loan,

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