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(영문) 서울중앙지방법원 2016.04.19 2015가단5264095
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 31,06,263 and KRW 9,693,55 among them, from July 24, 2015.

Reasons

1. Under the judgment on the plaintiff's cause of action, each of the facts can be acknowledged by comprehensively considering the whole purport of the pleadings as to Gap's evidence 1-1, Gap's evidence 2-2, and Gap's evidence 10 among the plaintiff and the defendant, and the plaintiff and the defendant Eul are not present at the date of pleading after receiving a lawful service not based on service by public notice, and they can be acknowledged as not being disputed.

(1) On October 20, 1996, the new Saemaeul Fund loaned 10,000,000 won to Defendant A under Defendant B’s joint and several sureties, and agreed that the interest rate shall be 13.5% per annum and the due date shall be October 22, 1999 if the principal and interest are not paid on the due date, the interest shall be lost, and the overdue interest shall be paid at the rate of 20% per annum from the following day.

D. Defendant A delayed the payment of the principal and interest remaining after paying only the interest until December 21, 1996. The Plaintiff filed a loan claim lawsuit against the Defendants against the Defendant, and on October 25, 2005, the decision of performance recommendation became final and conclusive that “Defendant A shall pay to the Plaintiff 10,000,000 won and 20% interest per annum from December 22, 1996 to the date of full payment.”

On June 28, 2013, the new Saemaeul Fund transferred all of the loan claims against Defendant A on October 20, 1996 to the Plaintiff. At that time, the Plaintiff was delegated with the authority to notify the assignment of claims from the new Saemaeul Fund and notified the Defendant A of the fact of the assignment of claims.

Applicant The amount of the loan claim in this case reaches KRW 31,06,263 as of July 23, 2015, the principal amount of KRW 9,693,55, overdue interest of KRW 21,312,708.

Therefore, Defendant A and Defendant B, a joint and several surety, jointly and severally, shall calculate the final overdue interest for KRW 31,006,263, and the principal amount of KRW 9,693,555, which shall be the sum of the principal and interest of the loan to the Plaintiff, a bondholder.

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