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(영문) 부산지방법원동부지원 2019.10.24 2019가합103149

양수금

Text

1. The Defendant’s annual period from March 12, 2009 to September 30, 2015, as to KRW 267,54, and KRW 203,97,855 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 18, 2004, B Co., Ltd. lent KRW 180,000,000 to the Defendant on June 18, 2004 as due date for reimbursement of KRW 180,000 to the Defendant on June 18, 2005 and KRW 19% per annum.

B. On December 24, 2004, B Co., Ltd. leased KRW 210,000,000 to C on December 23, 2005 at the due date of repayment on December 23, 2005 and at the rate of damages for delay (at the time of delay for more than three months) 19% per annum, and the Defendant assumed the above loan obligation against C Co., Ltd.

C. Around June 23, 2006, Co., Ltd. transferred each of the above principal and interest claims against D Limited Company to the Defendant, and D Limited Company transferred each of the above principal and interest claims to E around June 30, 2008.

On October 29, 2015, F Co., Ltd. (hereinafter “F”) transferred each of the above principal and interest of loan to the Plaintiff, and notified the Defendant of each of the above assignment of loan around February 11, 2016. As of March 12, 2009, the principal and interest of each of the above principal and interest of loan is KRW 267,540,244 in total, and the principal and interest of each of the above principal and interest of loan are KRW 203,97,855 in total.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (in the case of evidence A 2 and 3, each number is included), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the above principal and interest of loan 267,540,244 won as well as 203,977,855 won as the principal and interest of loan 203,97,855 won as the plaintiff seeks, 19% per annum from March 12, 2009 to September 30, 2015 and 15% per annum from the next day to the date of full payment.

3. The defendant's assertion was alleged to the effect that the lawsuit of this case is unlawful since the defendant filed an application for adjudication of bankruptcy and exemption with the Suwon District Court during the continuation of the lawsuit of this case. However, the circumstance that the defendant filed an application for adjudication of bankruptcy and exemption does not affect any lawsuit of this case pending.