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(영문) 서울중앙지방법원 2020.04.27 2020가단5025805

양수금

Text

1. The defendant shall pay to the plaintiff KRW 34,886,250 as well as KRW 29,369,93 as to the plaintiff from December 27, 2019 to the day of full payment.

Reasons

In light of the overall purport of the arguments in Gap evidence Nos. 1 through 5, C Co., Ltd., on October 19, 2018, leased KRW 30 million to the defendant on October 17, 2023 by setting the interest rate of KRW 17.9% per annum and the due date of repayment on October 17, 2023. However, the defendant lost the due date due to the failure to pay the principal and interest of the defendant, C Co., Ltd transferred the above loan claim against the defendant to the plaintiff on July 31, 2019, and the plaintiff delegated with the authority to notify the transfer of the claim to the plaintiff on November 25, 2019, notified the defendant of the fact that he/she reached the defendant at that time, while recognizing the fact that the principal of the above loan was 29,369,93 won per annum and the fact that the principal of the loan was 5,516,257 won.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of KRW 34,886,250 (=29,369,93 Won 5,516,257) and damages for delay calculated by the rate of 17.9% per annum from December 27, 2019 to the date of full payment of the principal amount of KRW 29,369,93, which is the day following the date of calculating the final interest for delay.

If so, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.