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(영문) 서울중앙지방법원 2019.01.08 2018가단5039832

대여금

Text

1. The Defendant’s KRW 23.5 million with respect to the Plaintiff and 12% per annum from August 20, 2016 to September 20, 2016, and the following.

Reasons

On August 20, 2016, Co., Ltd. (hereinafter referred to as “C”) leased KRW 78.5 million to the Defendant at the interest rate of 12% per annum, 24% per annum, and due date of payment September 20, 2016, and C transferred the Plaintiff’s claim of KRW 23.5 million among the Defendant’s claim against the Defendant on August 1, 2018 and the interest claim thereon, and notified the Defendant by means of a content-certified document sent on October 23, 2018. The Defendant received the notice of assignment of claims with a documentary evidence submitted by the Plaintiff on November 19, 2018, and the fact that the said notice was delivered to the Defendant around that time is not clearly disputed between the parties, or may be acknowledged by taking into account the overall purport of pleadings as a whole in the evidence No. 15-14 and No. 16.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, who acquired the Plaintiff’s claim against the Defendant, the amount of KRW 23.5 million that the Plaintiff acquired from August 20, 2016, which was due from August 20, 2016 to September 20, 2016, the agreed interest rate of KRW 12% per annum and the delay damages rate of KRW 24% per annum from the next day to the date of full payment.

The plaintiff's claim is legitimate and accepted.