logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.10 2017나82675
양수금
Text

1. The Defendant shall complete the payment of KRW 8,594,960 to the Intervenor succeeding to the Plaintiff, as well as KRW 1,556,669 among them, from June 29, 2017.

Reasons

1. Facts of recognition;

A. On March 14, 2007, Industrial Complex and Loan Co., Ltd. (hereinafter collectively referred to as “Industrial Complex”) leased money to the Defendant by setting the lending limit of KRW 5,000,000,000, the first use limit of KRW 2,000,000, interest and interest for arrears at KRW 65.7% per annum on March 14, 2007

(hereinafter referred to as the “instant loan agreement”) B.

On January 12, 2011, Industrial Complex transferred the above credit to the Plaintiff (Withdrawal) to the Defendant, and on May 24, 2012, notified the Defendant of the assignment of the above credit and delivered it to the Defendant at that time.

C. On September 11, 2017, the Plaintiff (Withdrawal) transferred the above loan claims to the Defendant to the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”), and on October 10, 2017, notified the Defendant of the assignment of claims and delivered the Defendant around that time.

The principal and interest of the loan bonds are KRW 8,594,960 as of June 28, 2017 (principal KRW 1,556,669).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the intervenor, who is the assignee of the above loan claims the total amount of principal and interest of KRW 8,594,960 and the principal amount of KRW 1,556,69 among them, as requested by the intervenor, the delay damages calculated at the rate of 48.545% per annum, which the intervenor seeks, within the scope of the agreed delay damages rate from June 29, 2017 to the date of full payment.

B. The Defendant’s argument regarding the Defendant’s assertion is alleged to have expired due to the statute of limitations, so it is apparent in the record that the instant application for the payment order was submitted on June 29, 2017, which was ten years after the date of conclusion of the instant loan agreement. However, according to the evidence evidence No. 6, the Defendant filed a lawsuit against the Defendant seeking payment of the said loan.

arrow