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(영문) 서울북부지방법원 2018.10.18 2017가단132578
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from July 8, 2017 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including paper numbers), the Korea Exchange Bank (hereinafter "Korea Exchange Bank") concluded a credit transaction agreement with the defendant on June 2003, with a fixed term of KRW 60 million as of June 20, 2004. The above loan claims remain in KRW 60,000,000,000 as of June 7, 201.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff, the transferee of the above loan claim KRW 60,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 8, 2017 to the day following the delivery of a copy of the complaint in this case, which is obvious from the day of complete payment.

The defendant, at the time of the above loan, lent the name of loan for the amount of KRW 60 million which was previously borrowed from the Korea Exchange Bank at the request of the employees C of the Korea Exchange Bank, and thereafter, employees of the Korea Exchange Bank did not have the obligation to repay the above loan obligations to the plaintiff. However, since there is no evidence to acknowledge it, the above assertion is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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