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(영문) 서울서부지방법원 2017.09.15 2017가단13888

양수금

Text

1. The Defendant’s KRW 200,000,000 as well as 24% per annum from November 27, 2014 to June 22, 2017 to the Plaintiff.

Reasons

1. Facts recognized;

A. B on January 27, 2014, determined 200 million won as interest rate of 2% per month to the Defendant.

B. On April 20, 2017, B transferred KRW 115,463,014 to the Plaintiff and notified the Defendant of the transfer of the principal amount of the claim against the Defendant indicated in the foregoing paragraph (a) and the interest amount not yet paid up to that time.

The defendant received the notification in April 26, 2017.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 through 9 (including 5, 9) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In light of the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the interest for delay calculated at the rate of 24% per annum from April 21, 2017 to the rate of 200 million won, out of the principal amount of KRW 315,463,014 (i.e., KRW 115,463,014) and the said amount of KRW 200 million (i.e., KRW 24% per month x 12 months).

B. Therefore, within the scope of the above recognition, the Defendant is obligated to pay the Plaintiff the money as stipulated in Paragraph (1) of this Article.

3. The defendant's defense is defense that B made a reduction of the debt amount to KRW 180,00,000,000 to the defendant, but even if there is no evidence to acknowledge such assertion, the defendant's defense cannot be accepted.

4. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.