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(영문) 서울중앙지방법원 2016.06.09 2016가단11316
양수금
Text

1. The Defendant from December 1, 2015 to Japan and from December 1, 2015 to Japan 6,179,447 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 30, 2005, the Defendant obtained a loan from the new bank in Japan 21,200,000 UN (hereinafter referred to as “N”) from the new bank in charge of the settlement of disputes. As of April 30, 2010, the Defendant remains 15,171,669 United Nations and interest and provisional payment 1,95,805 United Nations. The interest rate for delay is 19% per annum since October 27, 2009.

B. The above loans were transferred to the Plaintiff on June 24, 2010 in accordance with the asset-backed securitization plan.

C. On November 17, 2010, the Plaintiff recovered KRW 170,296,620 in the case of the auction of real estate in Suwon District Court (Seoul District Court) around 2010 to 2452, and appropriated it in the order of provisional payment (3,98,926), interest (4,854,574), principal (121,443,120), and principal (121,443,120). As a result, the Plaintiff became the principal 6,179,447N.

Meanwhile, interest in arrears calculated at the rate of 19% per annum for the remaining principal from November 18, 2010 to November 30, 2015 (1,839) is 5,915,508 UN (i.e., 6,179,447N x 1,839 days x 1,839 days x 365 days x 0.19 days x under UN).

[Reasons for Recognition] The plaintiff's identity, Gap's evidence Nos. 1 through 9, and the purport of the whole argument

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 12,091,739, and 19% per annum from December 1, 2015 to the date of full payment, whichever is the sum of 5,912,739, and 6,179,447, including the sum of 5,912,292, and 292, which the Plaintiff seeks.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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