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(영문) 울산지방법원 2018.06.28 2018가합21520
양수금
Text

1. The Defendant’s KRW 300,000,000 as well as 25% per annum from June 17, 2015 to January 7, 2018 to the Plaintiff.

Reasons

1. Indication of claim;

A. C on February 17, 2015, the Defendant 300 million won, the interest rate of 36% per annum, and the due date of reimbursement on May 16, 2015 was determined and lent by C.

However, from February 17, 2015 to June 16, 2015, the Defendant paid only the agreed interest rate and delay damages to C.

B. After that, on January 26, 2018, the Plaintiff acquired the principal and interest of the above loan against the Defendant from C, and C sent notice to the Defendant on the same day that he/she transferred the above loan to the Defendant and served the Defendant on February 1, 2018.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 300 million and the damages for delay calculated at a rate of 24% per annum as sought by the Plaintiff from June 17, 2015 to January 7, 2018, which is the day following the date of final payment of interest, to the maximum interest rate under Article 2(1) of the Interest Limitation Act, and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017).

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

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