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(영문) 서울중앙지방법원 2019.08.21 2019가단5111397

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 286,491,655 and the amount of KRW 78,620,765 among them, from March 21, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant borrowed from D Co., Ltd. (hereinafter “D”), ① on August 28, 2002, KRW 120,000 (interest rate of KRW 9% per annum, interest rate of KRW 19% per annum), ② on January 6, 2003, KRW 10,000 (interest rate of KRW 11.5% per annum, interest rate of KRW 19% per annum), ③ on July 31, 2003 (interest rate of KRW 8,00,000 per annum, interest rate of KRW 9.5% per annum, interest rate of KRW 19% per annum), but lost its interest due to failure to repay the above loans (hereinafter referred to as “instant loans”).

(1) The first loan to E was made but the defendant acquired the debt of E through acceptance of contract in 2002. (2)

D A. On August 4, 2009, a lawsuit was filed against the Defendant for the payment of the instant loan under this Court Order 2009Da291961, and the said judgment became final and conclusive on February 2, 2010, that “the Defendant shall pay D 158,753,284 won and 78,676,345 won among them, with 19% per annum from July 21, 2009 to August 13, 2009, and 20% per annum from the following day to the date of full payment.”

C. On June 28, 2013, the Plaintiff received the entire claim for the instant loan from D and sent a notice of assignment of the claim to the Defendant’s domicile on June 23, 2014.

As of March 20, 2019, the instant loan remains ① KRW 62,429,640 of the loaned principal and interest for delay delay, ② KRW 9,758,189 of the loan principal and interest for delay delay, ② KRW 21,593,00 of the loan principal and interest for delay delay or delay delay delay delay, ③ KRW 7,191,125 of the loan principal and interest for delay delay, and KRW 17,519,656 of the interest for delay.

【Legal basis for recognition】 Each entry in the evidence of subparagraphs 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the total amount of the principal and interest of the instant loan of KRW 286,491,65, and the principal amount of the instant loan of KRW 78,620,765, as the Plaintiff seeks from March 21, 2019 to the date of full payment.