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(영문) 의정부지방법원 고양지원 2018.01.31 2016가단91027

양수금

Text

1. As to KRW 14,803,374 and KRW 6,362,496 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from October 20, 2016 to January 31, 2018.

Reasons

1. Basic facts

A. On September 1, 2010, C Co., Ltd. (hereinafter “C”) entered into a credit loan agreement with the Defendant with a loan amount of KRW 4 million, interest rate of KRW 34.9%, overdue interest rate of KRW 43.99%, and overdue interest rate of 36 months, and carried out the above loan (hereinafter “the instant credit loan”) to the Defendant around that time. On December 16, 2010, C entered into a new installment loan agreement with the Defendant with a loan amount of KRW 19.8 million, interest rate of KRW 14.38%, overdue interest rate of KRW 24%, and interest rate of KRW 60 months, and carried out the above loan (hereinafter “the instant new installment loan”) to the Defendant around that time. In addition, each of the above loans was referred to as “each of the instant loans”).

B. The Defendant did not repay each of the loans on the expiration date of the respective loan period, and C transferred each of the instant loan claims to the Plaintiff on May 20, 2016.

5. 23. The defendant notified the purport of the assignment of claim, and the notice reached the defendant around that time.

C. Meanwhile, as of September 23, 2016, the principal and interest of each of the instant loans as of September 23, 2016 are the principal and interest of the instant loans, the principal and interest of the instant loans are KRW 3,62,496, the damages for delay are KRW 8,440,878, the total of KRW 12,103,374, and the principal and interest of the instant loans are KRW 17,764,887, the damages for delay are KRW 15,487,274, the total of KRW 33,252,161.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal and interest of the instant credit loan amounting to KRW 12,103,374 and delay damages for the principal and interest of the loan amounting to KRW 3,662,496.2) The Defendant asserted to the effect that he/she exempted the Plaintiff from all or part of the principal and interest of the instant loan due to the instant credit loan on November 13, 2014, and repaid the loan with the payment from C. However, as follows.