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(영문) 서울서부지방법원 2018.04.27 2017나40478
양수금
Text

1. Revocation of the first instance judgment.

2. As to KRW 104,191,232 and KRW 30,00,00 among the Plaintiff, the Defendant shall on June 2017.

Reasons

1. Facts of recognition;

A. On April 2, 2002, the Agricultural Credit Union (hereinafter “Agricultural Credit Union”) granted a loan of KRW 160,000,000 to the Defendant on April 2, 2002, set the term of the loan to April 2, 2004; the agreed interest rate of KRW 9.8% per annum; and the delay compensation rate of KRW 22% per annum (hereinafter “instant claim”); and B on the same day, the Defendant jointly and severally guaranteed the Defendant’s obligation to the Agricultural Credit Union.

B. On October 4, 2005, the Korea Deposit Insurance Corporation that was appointed as a trustee in bankruptcy upon the declaration of bankruptcy by the Agricultural C&I was transferred the instant claim to the C&I Corporation, and around October 25, 2005, notified the Defendant of the assignment of the said claim.

On July 15, 2009, the Liquidation Corporation: (a) transferred each of the instant claims to the Plaintiff on January 19, 2015; and (b) notified the Defendant of each of the assignment of claims on January 19, 2015, by the lender C&C loan to the lender C&C loan on January 18, 2012; (c) on January 18, 2012, the lender C&C loan to the company for the management of assets; (d) on January 19, 2015, the C&C loan to the company for the management of assets; and (e) on the C&C loan to the company for the management of assets on January 19, 2015, each of the instant claims is transferred to the Plaintiff; and (e) on January 19, 2015, each of the holders of claims to the Defendant.

C. As of June 23, 2017, the principal and interest of the instant claim remains in total of KRW 30,000,000, overdue interest of KRW 74,191,232, and KRW 104,191,232.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 5, Gap evidence 5 to 7, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 22% per annum from June 24, 2017 to the date of full payment, with respect to KRW 104,191,232 and the principal amount of KRW 30,000,000 among them.

3. If so, the plaintiff's claim of this case is reasonable.

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