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(영문) 서울동부지방법원 2015.03.03 2014가단112423
양수금
Text

1. The Defendant’s interest rate of KRW 88,346,609 and KRW 29,855,947 among the Plaintiff shall be from April 8, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 24, 1995, the New Bank Co., Ltd. established and lent 16% per annum interest for the Defendant, 18.5% per annum for the overdue interest, and 24 November 1998 for the due date.

B. On June 28, 2013, a new bank transferred its claim for the instant loan to the Plaintiff, and the Plaintiff was delegated by the new bank with the authority to notify the transfer of claim and notified the Defendant of the transfer of claim.

C. The principal amount of the instant loan remains as of April 7, 2014 is 29,85,947 won, and the overdue interest rate determined by the Plaintiff is 17% per annum.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings]

2. Determination

A. According to the above facts and evidence evidence Nos. 1, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, the total amount of KRW 108,070,407 (interest of KRW 29,85,947, KRW 78,214,460) and the principal amount of KRW 29,85,947, whichever is 17% per annum from April 8, 2014 to the date of full payment, barring special circumstances.

B. The defendant's defense (1) First, the defendant asserts that the statute of limitations has expired after the lapse of the statute of limitations with respect to the claim for the loan of this case that occurred around 1996.

On November 24, 1998, as seen earlier, the fact that the maturity period of the instant loan claims is five years or more, and the fact that the period of extinctive prescription is five years or more is recognized. Meanwhile, in full view of the overall purport of the pleadings in the statement in subparagraph 5, the new bank filed a lawsuit against the Defendant on November 12, 2003, before the lapse of five (5)-year prescription period from November 24, 1998, against the Defendant, the Seoul Central District Court 2003da40148, “the principal amount of KRW 29,85,947 and the amount calculated at a rate of 20% per annum from May 7, 2004 to the day of full payment.” According to the evidence in subparagraph 5, the new bank filed a lawsuit against the Defendant for a loan claim from the cause of the claim to September 30, 2003.

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