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(영문) 대전지방법원 2016.09.01 2016가단207017
양수금
Text

1. The defendant shall pay to the plaintiff KRW 79,468,539 as well as KRW 62,882,027 among them, from December 2, 2013 to the day of full payment.

Reasons

1. Indication of claim;

A. On June 27, 2008, Aju Capital Co., Ltd. (the trade name before the change: Daewoo Capital Co., Ltd.; hereinafter “Aju Capital”) loaned loans to the Defendant 1330 million won per annum and interest rate of 11% per annum and 24% per annum.

Since then, the Defendant lost the benefit of time by failing to perform its duty of repayment under the terms of the above loan agreement.

B. On November 27, 2013, Aju Capital transferred the claim for the principal and interest of the loan to the Defendant to the Plaintiff. On January 8, 2014, it notified the Defendant of the assignment of the credit.

C. As of December 1, 2013, the Defendant’s obligation to pay the principal and interest of KRW 79,468,539 (i.e., principal KRW 62,882,027 or interest for arrears) is the principal and interest of KRW 16,585,512.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the interest rate for delay, from December 2, 2013 to the date of full payment, with respect to KRW 79,468,539 and the principal of KRW 62,82,027 among them.

2. Article 208 (3) 3 of the Civil Procedure Act:

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