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(영문) 서울중앙지방법원 2017.08.18 2016나72657
양수금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. The Plaintiff filed the instant lawsuit seeking the payment of the above amount against the Defendant by asserting that the Plaintiff received the loans from December 15, 1999 and the loans from March 28, 1997.

The first instance court dismissed the claim for loans of December 15, 199 among the lawsuit in this case, and sentenced to the judgment citing the claim for loans of March 28, 1997. Accordingly, the plaintiff did not appeal and only the defendant appealed the claim for loans of March 28, 1997 among the lawsuit in this case. Thus, the scope of the judgment of this court is limited to the claim for loans of March 28, 1997 among the lawsuit in this case.

2. Determination on the cause of the claim

A. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 to 3, 5, and 12 by integrating the purpose of the entire pleadings:

1) On March 28, 1997, a community credit cooperative established a loan with a maturity of KRW 80,000,000 to the Defendant at the rate of KRW 22% per annum on March 28, 1999; the interest rate of KRW 14.5% per annum; and the delay damages rate of KRW 22% per annum (hereinafter “instant loan”).

(2) On June 28, 2013, Jind community credit cooperatives transferred claims based on the instant loan to the Plaintiff. On June 23, 2014, the Plaintiff delegated the power to notify the transfer of claims by the Jind community credit cooperatives to the Defendant on June 23, 2014, and the said notification reached the Defendant on June 25, 2014.

3 As of December 17, 2015, the remainder of the credit based on the instant loan as of December 17, 2015 is the principal amounting to KRW 39,320,575, delay damages, KRW 57,079,373, and KRW 96,39,948.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 17% per annum from December 18, 2015 to the date of full payment, as sought by the Plaintiff, for the remaining principal and interest of KRW 96,39,948 of the instant loan as of December 17, 2015 and the remaining principal and interest of KRW 39,320,575 of the loan, barring special circumstances.

3. Judgment on the defendant's defense

(a)the Parties;

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