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(영문) 수원지방법원 2016.07.07 2015가단133682

양수금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 37,747,59 and KRW 24,709,935, out of the above amount, from December 2, 2013.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 7, Aju Capital Co., Ltd., on December 27, 2010, extended a loan of KRW 30 million at 18.9% per annum (interest rate of KRW 25% per annum) to the defendant on December 27, 2010. The defendant lost the benefit of time due to delinquency in monthly installments of the above loan, the plaintiff lost the benefit of time due, and the plaintiff acquired the total amount of KRW 37,747,59 (principal principal, KRW 24,709,935) from Aju Capital Co., Ltd. to December 1, 2013 pursuant to the assignment contract of claims on November 27, 2013.

According to the above facts, the defendant is obligated to pay the plaintiff 37,747,59 won of the unpaid loan and 24,709,935 won of the loan principal to the plaintiff at the rate of 25% per annum, which is the overdue interest rate, from December 2, 2013 to the date of full payment.

2. The Defendant asserts that the Plaintiff’s claim should be dismissed inasmuch as the procedure is in progress by filing a bankruptcy and application for immunity with the Suwon District Court Decision 201Haak1Haak1, 10047, 2013Ra1573.

However, the reason why the defendant applied for bankruptcy and application for immunity does not result in any limitation on the plaintiff's exercise of rights in the lawsuit. Thus, the defendant's argument is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.