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(영문) 춘천지방법원 2016.05.04 2015가합380
양수금
Text

1. The defendant shall pay to the plaintiff KRW 1,624,391,137 and KRW 268,454,089 among them, from February 2, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. On October 209, 2009, Do Private Savings Bank (hereinafter “Do Private Savings Bank”) lent KRW 1,400,000 to the Defendant, 8% per annum, interest per annum, 20% per annum, and due date for payment on October 20, 2010 (hereinafter “instant one loan agreement”). On January 14, 2010, the agreement was concluded on January 14, 201, and lent KRW 500,00,000 each as of January 14, 201 (hereinafter “instant two loan agreement”).

After that, the repayment period of the instant loan contract was extended on October 20, 201.

B. On August 26, 2011, the Financial Services Commission decided to transfer part of the assets and liabilities of the Do resident savings bank to the Plaintiff pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry. Each of the above loans claims against the Defendant of the Do resident savings bank against the Defendant of the Do resident savings bank is included in the subject of contract transfer, and the Plaintiff succeeded to the rights and obligations under each of the instant

(see Article 14-2(1)(c) of the same Act.

As of February 1, 2015, the principal of the instant loan claim was fully repaid, but overdue interest amounting to KRW 976,397,369 remains. The principal of the instant loan claim is KRW 268,454,089, and overdue interest amount is KRW 379,539,679.

Therefore, the Defendant is obligated to pay to the Plaintiff 1,624,391,137 won (i.e., overdue interest of the instant 1 loan of KRW 976,39,397,369 at interest rate of KRW 268,454,089 at interest rate of KRW 379,539,679), and among them, to pay to the Plaintiff the agreed interest rate of KRW 268,454,089 at the rate of 20% per annum from February 2, 2015 to the date of full payment.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

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