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(영문) 서울중앙지방법원 2018.08.16 2018가단5068595
양수금
Text

1. The defendant shall pay 69,185,307 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The New Bank Co., Ltd. (hereinafter “New Bank”) approved that the basic terms and conditions of the Bank Credit Transactions apply with the Defendant as listed below, concluded each credit transaction agreement with the Defendant, and extended a total of KRW 59 million to the Defendant (hereinafter “each of the loans in this case”).

The loan interest rate of 00,00,000 annual 17% on February 6, 2012 on February 6, 2012 on the date of the conclusion of a credit transaction agreement (hereinafter referred to as "credit transaction agreement") shall be 10,000,000 on February 6, 2013, 200,000 on March 12, 2012, March 12, 2013; 17% on March 10, 20,000 on August 16, 200 on August 28, 2012; 10,000,000 annually on August 6, 2016, 205; 10,000 annually on August 28, 2013, 200, 17% on April 28, 2009;

B. On August 28, 2014, the New Bank transferred each of the instant loans to the SP Savings Bank (hereinafter “SP Savings Bank”), and again, the SP Savings Bank transferred each of the instant loans to the Plaintiff on December 23, 2015. The amount of principal and interest as of November 16, 2015 of each of the instant loans transferred by the Plaintiff is as listed below.

(Units: 1200,00,000 45,670,573 245,670,573 210,000,000 28,181,913 128,181,913 390,000,379,06 113,379,066 49,0666 49,052,658,658,129,096 13,181,7545 89,040,6126,694526,755,755,734,88,09279,505,528,50,000,000,000 120,000 principal interest;

C. On the other hand, in order to secure the repayment of each of the instant loans, the Defendant set up a collateral on the instant apartment Nos. 101, 102 (hereinafter “instant apartment”), which is owned by the Defendant, with the new bank as indicated in the column for “B apartment No. 101,” and the new bank transferred each of the said collateral to the Korea Credit Guarantee Fund and Esba Savings Bank, as indicated in the column for “transfer of the collateral security” of the said table, and Esba Savings Bank again transferred the said collateral security to the Plaintiff.

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