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(영문) 서울중앙지방법원 2015.08.28 2015가합2862
양수금
Text

1. As to KRW 743,298,731 and KRW 614,580,773 among the Plaintiff, the Defendant shall be from December 12, 2014 to December 31, 2014.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The defendant is a new bank that is a stock company (hereinafter "new bank").

B) Between the two, ① the loan period of KRW 500,00,000 on December 13, 201 and the expiration date of the loan period shall be December 15, 201 (the first date of the loan shall be December 15, 2010); the loan interest rate of KRW 7.7% per annum; the overdue interest rate of KRW 9% per annum; the overdue interest rate of KRW 10 per annum if the overdue interest rate is less than one month but not more than three months; the maximum interest rate of KRW 11 per annum if the overdue interest rate exceeds three months; the loan rate of KRW 280,000 on May 30, 201; the loan interest rate of KRW 10 per annum shall be more than 19% per annum; the loan interest rate of KRW 280,000 per annum shall be more than 10 per annum; the loan interest rate of KRW 16% per annum in arrears shall be more than 3 months; the loan interest rate of KRW 126% per annum per annum (the interest rate per annum).

2) The Defendant did not pay interest during the course of the transaction pursuant to the instant credit transaction agreement and lost the benefit of time.

3) On November 23, 2013, a new bank entered into an asset transfer agreement with the Plaintiff and transferred the instant loan claims to the Plaintiff under the said agreement, and notified the Defendant of the said transfer by mail by contents-proof mail, and reached the said notification on December 24, 2013 to B who is the Defendant’s spouse. 4) The Defendant appropriated the instant loan claims for overdue interest by repaying KRW 1,323,285 on November 22, 2013, prior to the Plaintiff’s transfer of the instant loan claims.

The Plaintiff’s claim for the instant loan from a new bank.

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