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(영문) 서울중앙지방법원 2015.04.10 2014가합57124
양수금
Text

1. The defendant shall pay to the plaintiff KRW 2,450,858,211 and KRW 225,00,000 among them, from July 14, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. The Korea Deposit Insurance Corporation in bankruptcy of the Daeyang Mutual Savings and Finance Company received an order to pay the Defendant and B, a debtor for a loan to the Daeyang Mutual Savings and Finance Company, to the Seoul Central District Court 2004Guj37350, August 27, 2004, with the content that “the debtor jointly and severally liable to creditor 3,290,240,462 won and 1,057,269,870 won which are calculated at the rate of 24% per annum from April 15, 2004 to the date of full payment,” and the above payment order was finalized on October 1, 2004.

B. On May 31, 2012, the Korea Deposit Insurance Corporation of the Daeyang Mutual Savings and Finance Company transferred the principal and interest of the loan to the Plaintiff, and notified the Plaintiff of the above transfer on July 2, 2012.

C. Therefore, the Defendant is obligated to pay the Plaintiff the principal amount of KRW 2,450,858,211 (i.e., the principal amount of KRW 225,00,000 which was not paid until July 13, 2014) and damages for delay calculated at the rate of 24% per annum from July 14, 2014, following the date of final calculation of interest, to the day of full payment of KRW 225,00,000 which was paid by the Plaintiff. The Plaintiff filed the instant lawsuit to suspend the statute of limitations of the said principal and interest claim against the Defendant.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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