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(영문) 서울남부지방법원 2019.10.11 2019가합105574
양수금
Text

1. The Defendant’s annual interest in KRW 341,237,062 and KRW 318,99,783 among the Plaintiff, from March 24, 2019 to July 3, 2019.

Reasons

1. Basic facts

A. On February 26, 2016, the Defendant was granted a loan of KRW 320,000,000 from the Industrial Bank of Korea as the loan subject, setting the maturity date as February 19, 2017.

(hereinafter “instant loan”). (b)

On December 27, 2018, the Industrial Bank of Korea transferred the instant loan claims to the Plaintiff, and notified the Defendant of the said transfer on December 28, 2018.

At the time of the instant loan, the interest rate for delay shall be 11% per annum added to the interest rate for credit, but the interest rate for delay shall be 7% per annum if the period of delay is less than three months, and 8% per annum if the period of delay is at least three months. Since December 25, 2018, the interest rate for delay was 11% per annum, and the interest rate for delay after March 23, 2019 remains 341,237,062 won per annum.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claims the amount of KRW 341,237,062 in total and KRW 318,99,783 in total and the principal of the loan from March 24, 2019 to June 25, 2019, which is the following day of the service date of the copy of the application for modification of the purport of the instant claim from March 24, 2019 to June 3, 2019, 11% per annum under the agreement and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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