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(영문) 서울중앙지방법원 2016.01.19 2015나39868
양수금
Text

1. The cancellation part of the judgment of the court of first instance against the defendant in excess of the following amounts shall constitute the cancellation part:

Reasons

1. Basic facts

A. (1) On December 7, 1999, the Defendant borrowed a loan of KRW 30 million from a new bank (Seoul High Bank Co., Ltd. prior to the merger; hereinafter the same shall apply) with the due date specified on December 7, 2002, and borrowed KRW 30 million from the Sampo Credit Cooperative (hereinafter the “ Sampo Credit Union”) on December 16, 2002 as the due date set on December 16, 2004, and received a loan of KRW 30 million from the business fund.

(2) On March 10, 2006, on June 12, 2006, the new bank filed a lawsuit against the defendant for the payment of the first loan (Seoul Central District Court No. 2006 Ghana126091) and received a favorable judgment on June 12, 2006, and the judgment became final and conclusive on July 25, 2006.

③ On June 21, 2013, and June 28, 2013, the Plaintiff acquired the claim for the first and second loans from the new bank and Sama-Kan Union. Around July 25, 2014, the Plaintiff notified the Defendant of the transfer.

B. On August 14, 2014, the Defendant served a copy of the instant complaint seeking the payment of loans 1 and 2; on September 30, 2014, the Defendant filed an application for credit recovery support with the Credit Counseling and Recovery Commission on November 26, 2014; however, on March 20, 2015, the Defendant asserted that the extinctive prescription has expired and applied for debt settlement and requested the invalidation of credit recovery support, and did not pay a monthly repayment in accordance with the debt settlement agreement. As such, the effect of credit recovery support became extinct on March 23, 2015.

C. As of July 9, 2014, the sum of the principal of the first loan is KRW 1,014,325 for the principal of the second loan, KRW 29,350,860 for the principal of the second loan is KRW 30,365,185 for the principal, overdue interest of the first loan is KRW 4,142,820 for the overdue interest of the first loan, and overdue interest of the second loan is KRW 53,240,419 for the second loan is KRW 57,383,239 for the aggregate.

In other words, the sum of the principal and interest of the first and second loans is KRW 87,748,424.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. The Defendant is obligated to pay the principal and interest of loans to the Plaintiff as set forth in paragraphs (1) and (2) of this Article.

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