beta
(영문) 서울북부지방법원 2017.02.02 2016가단145942

양수금

Text

1. The defendant shall pay to the plaintiff 69,895,895 won and KRW 32,895,091 among them, from October 15, 2016 to the day of full payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap evidence 1 through 5, the defendant received a loan from Hyundai Capital Co., Ltd. with an interest rate of 21.5% per annum, interest rate of 29,90,000 won per annum, 29% per annum, overdue interest rate of 29% per annum, and 36 months during the lending period to repay the principal and interest per month. The defendant delayed the repayment of the above loan obligation from June 15, 2012. The defendant transferred the above loan obligation to the defendant on May 20, 2016 to the plaintiff on May 23, 2016, and notified the defendant of the fact on May 23, 2016, and the above loan obligation is recognized as having no remainder of the principal and interest of 32,895,091 won as of September 2, 2016, and there is no counter evidence.

Under the above loan agreement, the Defendant is obligated to pay the Plaintiff the principal amount of KRW 69,895,895 (= principal amount of KRW 32,895,091 interest of KRW 37,000,804) and the principal amount of KRW 32,895,091, which is the day following the service of the payment order of this case, to the Plaintiff within the agreed interest rate of KRW 15% per annum from October 15, 2016 to the day of full payment.

Thus, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.