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(영문) 서울중앙지방법원 2014.12.04 2014가단5235052
양수금
Text

1. The Plaintiff:

A. As to KRW 31,852,424 and KRW 20,330,016 among them:

B. Defendant B is Defendant A.

Reasons

1. Facts of recognition;

A. Defendant A approved that the basic terms and conditions of bank credit transactions and credit card holders apply as indicated below, and obtained a loan from creditor financial institutions, and Defendant B and C jointly and severally guaranteed Defendant A’s loan obligations to the Korea Saemaul Bank of Pakistan.

The overdue interest on the loan balance of the borrowed loan of the divided financial institution (not later than August 13, 2014) 1,047,572, 2,727,69 won - 2,699 won - 19,282,44 won, 8,794,709 won, C in total 20,330,016 won, but Defendant A lost the benefit of time due to his/her failure to repay the principal and interest on the loan, and as of August 13, 2014, the debt details as described below are as follows.

B. On May 31, 2013, the said financial institutions transferred all of the claims held against the Defendants to the Plaintiff, and the Plaintiff was delegated by the said creditor financial institutions with the authority to notify the assignment of claims to the Defendant A, and the said notification was delivered to the said Defendant around that time.

C. The rate of damages for delay determined by the Plaintiff is 17% per annum from the day immediately following the fixed date of assets of each claim to the day of full payment.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring special circumstances, Defendant A is obligated to pay to the Plaintiff the total amount of KRW 31,852,424 (=20,30,016 won) and the total amount of KRW 11,522,408) and damages for delay calculated at the rate of 17% per annum, which is the agreed interest rate of KRW 20,330,016 from June 11, 2014 as of the above base date to the date of full payment. Sheet Defendant B and C are jointly and severally and severally with Defendant A to pay the principal and interest of KRW 28,07,153 (=19,282,444 won, KRW 8,794,709), and the principal and interest of KRW 19,282,44 won among them, calculated at the rate of 17% per annum from August 14, 2014 to the date of full payment.

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