(영문) 서울중앙지방법원 2014.11.14 2014나24111

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(영문) 서울중앙지방법원 2014.11.14 2014나24111

양수금

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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. The loan principal on the date of the loan of the lending institution No. 1,60,00,000 won, and the 1,774,348 won, 4,750,633 won, 354,676 won, 957,02 won, in total, 2,129,02 won, 5,707,635 won, from the ordinary loan of the Bank No. 2 under the 1,750,633 won on September 25, 1996;

A. The Defendant agreed to bear the principal and interest of a loan based on a loan agreement as follows, to pay late payment damages in accordance with the interest rate set by a financial institution. As of December 31, 2012 as of December 31, 2012, the Defendant bears the following principal and interest of a loan.

B. On September 30, 1998, the Plaintiff acquired the principal and interest claim of each of the above financial institutions against the Defendant, and each of the above financial institutions notified the Defendant of the assignment of the claim.

C. The plaintiff filed a lawsuit against the defendant for the payment of each of the above loans, and received the Seoul District Court Decision 2003DaDa1245949 decided on July 10, 2003 that "the defendant shall pay to the plaintiff 388,277 won and 354,676 won a year 26% interest rate from June 29, 1998 to the date of full payment," and the Seoul District Court Decision 2003DaDa1325050 decided on July 23, 200 with respect to the loans 1, "the defendant shall pay to the plaintiff 1,855,724 won and 1,74,348 won a year from June 29, 1998 to the date of full payment."

The Plaintiff filed the instant lawsuit on January 28, 2013 to extend the extinctive prescription period of the foregoing judgment claim. The overdue interest rate determined by the Plaintiff on each of the instant loans claim is 18% per annum from January 1, 2013.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including each number), the purport of the whole pleadings

2. According to the above facts of determination, the defendant is about KRW 7,836,659 of the principal and interest of loan and KRW 2,129,024 of the principal and interest of loan among them.

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