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(영문) 서울남부지방법원 2018.04.25 2018가단200246
양수금
Text

1. The defendant shall pay to the plaintiff KRW 56,933,554 and KRW 20,00,000 among them, which shall be from November 8, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 7, 2015, the Defendant received a loan with a maturity of KRW 20 million at the rate of KRW 34.675% per annum on August 31, 2020 (hereinafter “first loan”). On the same day, the Defendant received a loan with a maturity of KRW 20 million from the KONPP lending Co., Ltd. on August 31, 2020, by setting the interest rate and overdue interest rate of KRW 39% per annum (hereinafter “second loan”). The Defendant received a loan with a maturity of KRW 20 million at the rate of KRW 39% per annum.

B. The Defendant lost the benefit of time due to the delinquency in paying the principal and interest of the above 1 and 2 loans to the Defendant, and thereafter, on December 31, 2016, the Defendant transferred the Defendant’s claims against the Defendant to the Plaintiff, and notified the Defendant of each transfer at the time of the above transfer.

C. The principal and interest of the first loan that was unpaid as of November 7, 2017 is KRW 28,429,945 (the principal and interest are KRW 20 million) and the principal and interest of the second loan is KRW 28,503,609 (the principal and interest are KRW 19,99,873).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts found above, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 34.65% per annum from November 8, 2017 to the date of full payment for KRW 34.9% per annum for KRW 19,99,873 of the principal and interest of the loan, KRW 56,93,554 of the loan unpaid to the Plaintiff, and the principal of the loan 1 to the date of full payment for KRW 20,00,00 of the loan 1 to the date of full payment, and for KRW 34.9% per annum from November 8, 2017 to the date of full payment.

3. The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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