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(영문) 서울동부지방법원 2015.05.29 2014가합108896

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 271,518,356 and the amount of KRW 125,368,203 from July 20, 2014 to the date of full payment.

Reasons

Facts of recognition

Aju Capital Co., Ltd. (Co., Ltd. prior to the change: hereinafter “C&T”) borrowed KRW 91,100,000 on December 207 to C&T industries: ① 36 months for the repayment period; the 14th day of each month for the settlement date; the 11% per annum for the interest rate; the 24% per annum for the delay interest; the repayment method for the repayment method (hereinafter “instant one loan”); ② the repayment method for the repayment of KRW 96,480,00 on May 30, 208 for the repayment period of KRW 36 months; the 25th day of each month for the settlement date; the interest rate of KRW 11% per annum; the delay repayment method of the repayment method is equal to the principal and interest.

(hereinafter “instant two loans”). On the other hand, the Defendant jointly and severally guaranteed each of the above loans owed to APPPP Co., Ltd. Co., Ltd.

(hereinafter “Joint and Several sureties”). On May 1, 201, A Capital Co., Ltd. transferred the instant claims for loans 1 and 2 to the Plaintiff, and notified the Defendant on June 2, 2011.

The principal and interest of the instant loan 1 as of July 19, 201, KRW 46,749,285, KRW 78,618,918, KRW 125,368,203 or KRW 52,118,01, KRW 94,032,142, KRW 146,150,153, KRW 146,867,296, KRW 172,651,060, KRW 271,51,518,356, total principal and interest of the instant loan 1,206, KRW 271,51,58,356, as of July 19, 2014.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 6, and the facts of the above recognition as to the ground for a claim as to the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff, the transferee of the bonds of this case, the total amount of principal and interest of the 1,2 loans of this case, 271,518,356 won, and 125,368,203 won, calculated by the rate of delay interest rate of 24% per annum from July 20, 2014 to the date of full payment.

In conclusion, the claim of this case is justified, and it is so decided as per Disposition.