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(영문) 서울남부지방법원 2015.06.02 2014가단214018
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 129,829,412 and KRW 68,798,461, out of the said amount, from March 11, 2014 to the date of full payment.

Reasons

1. Among the facts stated in the separate sheet of claim as to the remainder of claims except for claim amounting to KRW 874,864, which were acquired from Hyundai Capital Capital Capital, the remainder of the facts except for the claims amounting to KRW 400,000,000,000,000,000,000,000,000 won, and KRW 474,864 on September 10, 2008, on which the Plaintiff asserted that he/she acquired from Hyundai Capital Capital Capital Capital, can be acknowledged in full view of the purport of the entire pleadings as stated in the evidence Nos. 1 through 6 (including

2. The Plaintiff asserts that the Plaintiff is obligated to pay to the Plaintiff the amount of KRW 874,864, and the delay damages agreed on the principal of the loan amounting to KRW 400,000,000 and KRW 474,864, and KRW 4764,00,00,00,000,000,000,000,000,000 won and KRW 874,864, which were taken over from Hyundai Capital Capital Capital.

However, it is not sufficient to acknowledge the fact of the occurrence of the above claim against the defendant of Hyundai Capital without only the descriptions of Gap evidence 1 and Gap evidence 2-1, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is insufficient to accept it due to lack of proof.

3. In conclusion, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 17% per annum from March 11, 2014 to the date of full payment as to the principal amount of KRW 129,829,412 and the principal amount of KRW 68,798,461 out of the remainder of the loan principal and interest.

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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