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(영문) 부산지방법원 2014.04.01 2013가단40724
대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 141,504,445 and a rate of KRW 6% per annum from May 24, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 17, 2004, the Korea Asset Savings Bank filed a lawsuit against the Defendant, etc. for a loan claim against the Busan District Court Decision 2004Kadan663, which rendered a judgment that “the Defendant, etc. jointly and severally paid KRW 212,034,204 to the Plaintiff,” and the judgment became final and conclusive around that time.

B. On July 22, 2005, the above claim against the defendant was transferred to the plaintiff upon a decision to transfer contract by the Financial Supervisory Commission.

Therefore, the defendant's argument disputing the transfer of the claim is rejected.

On January 24, 2013, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 141,504,445 out of the above amount and damages for delay at the rate of 6% per annum as stipulated in the Commercial Act from the day following the day of service of a copy of the complaint of this case.

[Grounds for recognition] Evidence Nos. 2, Gap evidence Nos. 4-1 to 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay to the plaintiff KRW 141,504,445 as requested by the plaintiff out of KRW 212,034,204 as determined in the above judgment.

B. The fact that the Defendant partly bears the obligation of KRW 141,504,445 against the Plaintiff is the front.

As seen in this paragraph, according to the statement in Eul evidence No. 2, the content of the obligation constitutes damages for delay in confirmation.

This constitutes a debt that is not specified in the due date, and thus, the obligor is liable for delay from the time when the performance is demanded.

(See Supreme Court Decision 2004Da11582 Decided July 9, 2004). The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 6% per annum from May 24, 2013, which is the day following the delivery date of a copy of the complaint of this case.

3. The defendant's assertion is judged on five million won among the claims against the defendant by the plaintiff.

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