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(영문) 인천지방법원 2015.05.21 2014가단257409

양수금

Text

1. The defendant shall pay to the plaintiff KRW 20,807,937 and KRW 20,004,237 among them, per annum from July 1, 2014 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) On February 13, 2013, the Defendant concluded a mid-term loan agreement with Hyundai Social Co., Ltd. and the Defendant, setting the principal amount of KRW 28,80,000, KRW 36 months for the loan period, and KRW 16.90 per annum for the loan interest rate as 16.90% per annum. 2) The Defendant agreed to pay the remainder of the principal and related obligations in lump sum by adding damages for delay at 28.90% per annum for the remainder of the principal and related obligations under the basic credit transaction terms and conditions.

3) Since then, the Defendant lost its interest by failing to perform its obligation to repay loans. 4) On July 2, 2014, the Plaintiff transferred its claim against the Defendant from Hyundai Social Co., Ltd.

On July 8, 2014, Hyundai Social Co., Ltd. notified the Defendant of the assignment of claims.

5) On June 30, 2014, as of June 30, 2014, the date of loss of time limit, the details of the Plaintiff’s claims against the Defendant are as follows: ① Unpaid principal amount of KRW 20,004,237; ② Unpaid interest of KRW 739,084; ③ damages for delay ③ KRW 64,616; ④ Total amount of KRW 20,807,937 (the fact that there is no ground for dispute over recognition; evidence A1 through 4; and

B. According to the above facts, the defendant is obligated to pay to the plaintiff 20,807,937 won and 20,004,237 won with 28.90% interest per annum from July 1, 2014 to the date of full payment.

2. The defendant's assertion that "the plaintiff has already filed the lawsuit in this case against the defendant in spite of having already held the title of debt as the demand for the takeover amount claim of Incheon District Court 2014Hu15911, which constitutes double lawsuit or double lawsuit." Thus, considering the whole purport of pleading in the statement of evidence No. 5, the subject matter of lawsuit set forth in the above No. 15911 is about principal 30,000,000, and vehicle number C, which was entered into on February 26, 2013, and is related to the subject matter of lawsuit set forth in the above evidence No. 2014,00,000, and it can be acknowledged that there is a fact different from the subject matter of lawsuit of this case. Thus,

3. Conclusion