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(영문) 서울북부지방법원 2020.05.14 2019가단149921

양수금

Text

1. The defendant shall pay to the plaintiff KRW 50,00,00 among KRW 76,652,590 and the above amount, from September 3, 2019 to the day of full payment.

Reasons

1. According to the evidence evidence No. 1 to No. 4 of the judgment as to the cause of the claim, the Defendant entered into a credit transaction agreement with D on November 3, 2016, with “50 million won of loans, repayment period of 12 months, interest rate of loans, 22.2% per annum, and maximum interest rate of 27.9% per annum.” The Defendant borrowed 50 million won from D pursuant to the above credit transaction agreement from D around that time pursuant to the above credit transaction agreement. ② When entering into an asset acquisition agreement with D on May 19, 2017, the Plaintiff transferred the credit under the above credit transaction agreement with the Defendant to the Plaintiff on May 29, 2017, and notified the Defendant of the transfer of the above credit transfer on May 29, 2017, ③ as of September 2, 2019, the Defendant did not have any grounds to recognize that the principal and interest of the Defendant’s credit transaction agreement was the principal and interest of 50 million won per annum and 27% per annum interest rate per annum.

The damages for delay calculated as damages for delay may be recognized as having 76,652,590 won in total as 76,652,590 won.

Therefore, the Defendant, as the obligor, is obligated to pay to the Plaintiff, as the assignee, delay damages calculated at the rate of 27.9% per annum from September 3, 2019, which is the day following the base date for calculating the principal of and interest on the debt, and from September 3, 2019, to the day of full payment of the principal and interest on the debt amount of KRW 76,652,590 under the above credit transaction agreement.

2. In conclusion, the plaintiff's claim against the defendant is justified and it is so decided as per Disposition.