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(영문) 서울중앙지방법원 2018.05.10 2018가단5033698
양수금
Text

1. The defendant shall pay to the plaintiff 148,911,500 won and 36,788,047 won among them, from December 25, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The National Bank of Korea (hereinafter referred to as the “National Bank”) held against the Defendant a claim for the principal and interest of a loan arising from a loan transaction on February 19, 2001 and March 30, 2001 (hereinafter referred to as the “instant loan”). On January 22, 2008, the total amount of the above principal and interest of a loan as of January 22, 2008 exceeded KRW 87,128,38,385 in total, including the outstanding principal and interest of a loan, overdue interest related thereto, and the provisional payment.

B. Accordingly, a national bank filed a lawsuit against the defendant for the payment of the above claim with the Seoul Central District Court at that time, and obtained a favorable judgment ordering "the payment of delay damages calculated at the rate of 19% per annum of the agreed delay damages from January 23, 2008 to February 12, 2008, and the payment of delay damages calculated at the rate of 20% per annum of the statutory delay damages under the former Special Act on the Promotion, etc. of Legal Proceedings from the next day to the day of full payment (Seoul Central District Court Decision 2008Da28616, Mar. 26, 2008; hereinafter "the previous final judgment").

C. On July 5, 2013, the Plaintiff received the claim for the principal and interest of the instant loan from a national bank, and subsequently, received delegation from the national bank, and completed the notification of the assignment of the claim to the Defendant around June 2014.

As of December 24, 2017, the total amount of the principal and interest of this case is KRW 148,911,500, among them, the principal and interest of the loan are KRW 36,788,047, and the interest rate in arrears on the above claim under the Plaintiff’s internal regulations is 15% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the allegations and the above findings, the Defendant, the obligor of the principal and interest of loan of this case, is obligated to pay to the Plaintiff, the assignee of the principal and interest of this case, 148,911,50 won, and 36,788,047 won of the principal and interest of loan of this case, calculated at the interest rate of 15% per annum from December 25, 2017 to the date of full payment.

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