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(영문) 부산지방법원동부지원 2016.02.18 2015가단207909
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 358,351,780 as well as KRW 172,785,613 from July 2, 2015 to the day of full payment.

Reasons

In full view of the overall purport of the arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 and 2 (including serial numbers), the Dongyang Life Insurance Co., Ltd. loaned KRW 494,00,000 to the defendant on Jan. 30, 2008 at the agreement rate of 1.8% additional to the CD interest rate of 1.8% per annum, overdue interest rate of 19% per annum, and January 25, 2013 due date. The defendant was unable to repay the principal and interest of this case after the due date, the Dongyang Life Insurance Co., Ltd. transferred the principal and interest of this case to the plaintiff on July 30, 2013, and submitted them to the defendant for sale; the plaintiff received dividends of KRW 321,214,376 as of Jul. 29, 2014; and the existence of the principal and interest of this case as of July 17, 2017;

Therefore, the Defendant is obligated to pay the Plaintiff interest in arrears calculated at the rate of 18% per annum as requested by the Plaintiff within the scope of overdue interest rate of KRW 358,351,780 in total and KRW 172,785,613 in the loan principal of this case from July 2, 2015 to the date of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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