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(영문) 서울남부지방법원 2018.07.03 2018가단221250
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 25% per annum from November 13, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 14, 2014, the E-Order Savings Bank Co., Ltd. set two cases of KRW 140,000,000, and KRW 60,000,000 to the Defendant as damages for delay and leased them to the Defendant at 25%.

(B) The claim in this case is added to the claim in this case.

The instant bonds (the principal of the outstanding principal of KRW 197,203,333, and interest interest) were transferred to the lower-ranking loan company around June 27, 2014, and were re-transfered to the Plaintiff on April 28, 2016.

C. Meanwhile, on November 12, 2014, 127,835,478 won was repaid in the auction procedure for real estate B by the Jung-gu District Court on the one hand, and then 59,520,958 won as interest accrued up to that time and 68,314,521 won out of principal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 50,00,000, and damages for delay at the rate of 25% per annum from November 13, 2014 to the date of complete payment of the remainder principal of KRW 128,88,812.

However, there is no ground to view it as above, although the defendant did not know that the obligation of the defendant was extinguished by the above auction distribution.

3. citing the Plaintiff’s claim for conclusion

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