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(영문) 서울중앙지방법원 2015.03.13 2014가합549067
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 684,781,735 and the amount of KRW 160,412,485 from May 22, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. The Defendant borrowed KRW 382,156,865 in total on eight occasions as indicated below from Dongnam Bank Co., Ltd. (hereinafter “Dongnam Bank”).

(18%) interest rate per annum on delay in the agreement; (b)

On June 29, 1998, Dongnam Bank transferred each of the above principal and interest claims against the defendant to the plaintiff, and notified the defendant of the assignment of the above credit around December 10, 1998.

C. The plaintiff filed a lawsuit against the defendant as Seoul Central District Court 2004Gahap19840, and the above court rendered a judgment on July 23, 2004 that "the defendant shall pay to the plaintiff 258,514,635 won total of the remaining principal and interest of the loan and 138,82,059 won remaining principal and interest of the loan No. 3 among them, from November 16, 1999 to 5, 32,156,865 won total of the remaining principal and interest of the loan No. 8, 32,865 won, from January 1, 199 to March 31, 2004, and from March 31, 2004, the above judgment became final and conclusive as of September 3, 2004 (No pleadings).

Meanwhile, the Defendant paid some of the principal and interest of each of the above principal and interest of a loan thereafter, and the remaining principal and interest of a loan as of May 21, 2014 are 684,781,735 won in total as shown below (the principal and interest of a loan shall be 160,412,485 won in total).

E. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum as stipulated in the above final and conclusive judgment from May 22, 2014 to the day of full payment, with respect to the Plaintiff’s total principal and interest of KRW 684,781,735, and its principal and interest of KRW 160,412,485, which is the day following the above calculation day.

2. Each entry and statement of evidence No. 1-1, 2, 2, 3-1, 2-1, and 3-2 of the evidence No. 1-1, 2, 3-2, and the purport of the whole pleadings, which are the grounds for recognition, by means of a judgment by public notice by applicable provisions of Acts

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