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(영문) 전주지방법원군산지원 2019.08.29 2018가단50992

양수금

Text

1. The defendant shall be the plaintiff and Ga.

64,935 won and 31,539,724 won per annum from April 6, 2017 to August 13, 2019.

Reasons

1. Facts of recognition;

A. C’s loan claims against the Defendant were KRW 4,00,00 on October 29, 201, KRW 4,000,000 on November 22, 2010, KRW 29,000 on November 29, 2010, KRW 200,000 on November 29, 2010, KRW 2,000,000 on November 29, 2010, KRW 30,000 on December 30, 200, KRW 30,000 on December 30, 200, KRW 30,000 on December 28, 208, KRW 1,000, KRW 1,000 on January 25, 201, KRW 30,000 on October 30, 201, KRW 10 on June 30, 2010, respectively.

(hereinafter “instant loan”). (b)

On February 11, 2017, the acquisition of the Plaintiff’s loan claim C transferred KRW 34,500,000 to the Plaintiff among the loan claims against the Plaintiff and the Defendant, and the Defendant agreed to accept it.

Accordingly, C and the Defendant prepared a loan certificate (Evidence A 1) stating that “the Defendant shall pay 34,500,000 to the Plaintiff by December 30, 2019, and the interest shall be paid in KRW 1,550,000 per month,” and delivered to the Plaintiff.

(hereinafter “this case’s acquisition money”). C.

From December 22, 2010 to September 30, 2016, the Defendant partially repaid the instant loan amounting to KRW 45,940,00,00 in total, as indicated in the table of the amount of repayment at the end of the attached Table, to C’s deposit account. However, in accordance with Articles 477 and 479 of the Civil Act, the Defendant’s partial repayment and repayment rate is in effect as of August 20, 2012 (amended by Act No. 1227, Jan. 14, 2014) by applying the highest interest rate of 30% per annum under the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014) as of the date of the final repayment, the Plaintiff acquired the instant loan amount and KRW 45,940,00 in total as of September 30, 2016 and KRW 2371,371,207.