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(영문) 부산지방법원 동부지원 2021.02.25 2020가단213953

양수금

Text

1. The defendant shall pay to the plaintiff 128,049,979 won and 47,890,750 won among them, from April 23, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 19, 2002, the Defendant borrowed 155,000,000 won from the Partnership B on November 19, 2002 at the rate of 6.5% per annum and 16.5% per annum on the date of the expiration of the lending period.

B. As of May 31, 2013, the Defendant delayed payment of the loan amounting to KRW 47,890,750, interest amounting to KRW 28,478,819.

(c)

B On June 28, 2013, the Mutual Association transferred the above claim against the Defendant to C, and C, upon the delegation of the Mutual Association around June 23, 2014, notified the Defendant of the transfer of the above claim by content-certified mail.

(d)

On January 26, 2018, C transferred the above claim against the Defendant to the Plaintiff. On April 19, 2019, the Plaintiff notified the Defendant of the transfer of the above claim by content-certified mail with the delegation of C around April 19, 2019.

E. As of April 22, 2020, the Defendant bears the Plaintiff’s obligation of KRW 47,890,750 in arrears, interest of KRW 80,159,229 in total, 128,049 in total, from November 1, 2017 to May 31, 2019, and 12% in total, from the following day to April 22, 2020).

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 128,049,979 and the principal amount of KRW 47,890,750, whichever is paid to the Plaintiff, barring special circumstances, at the rate of 12% per annum calculated from April 23, 2020 to the date of full payment.

Therefore, the plaintiff's claim is justified and accepted.