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(영문) 서울북부지방법원 2017.09.26 2017나32846
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 24, 201, Han Bank Co., Ltd. (hereinafter “instant loan”) granted a loan to the Defendant by setting the lending period of KRW 60 million at 20 years and interest rate of KRW 17% per annum (hereinafter “instant loan”).

B. On March 28, 2014, Hana Bank transferred the instant principal and interest loan claim against the Defendant to SBA Savings Bank, and notified the Defendant thereof at that time, and SBA Savings Bank transferred the instant principal and interest loan claim to the Plaintiff on March 15, 2016, and notified the Defendant thereof around that time.

C. The Defendant lost a benefit due to overdue payment of interest, and the principal and interest of interest of this case is KRW 36,714,841 (principal KRW 19,472,862, KRW 17,241,979) based on November 3, 2016.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. According to the facts established above, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum, which is the agreed interest rate, from November 4, 2016 to the date of full payment, to KRW 36,714,841 of the principal and interest of this case and KRW 19,472,862 of the principal.

3. As such, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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