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(영문) 서울동부지방법원 2021.03.19 2020가단146700
양수금
Text

The defendant shall pay to the plaintiff KRW 255,11,223 and KRW 98,240,919 among them. From September 24, 2020 to October 6, 2020.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) On April 9, 2014, E loaned a loan of KRW 100 million (hereinafter “first loan”) to the Defendant on April 9, 2017, with the expiration date of the lending period fixed on April 29, 2017; and (b) on April 29, 2014, the expiration date of the lending period was determined as April 29, 2017, and loaned a loan of KRW 18 million (hereinafter “second loan”) with each of the above loans referred to as “where each of the above loans is referred to together.”

2) The Defendant agreed to repay the entire amount of the loan to the instant loan on the expiration date, and did not pay the principal amount of KRW 98,240,919 for the instant loan and KRW 67,354,326 for the instant loan.

3) On April 23, 2019, E transferred to the Plaintiff the principal and interest and expense claims based on the instant loan to the Defendant, and on May 24, 2019, E notified the Defendant of the transfer of the said bonds through the dispatch of the convenience of proof distribution.

4) As of September 23, 2020, the sum of the outstanding amounts for the first loan of KRW 148,447,526 (the sum of the outstanding amounts for the second loan of KRW 98,240,919, interest KRW 49,196,628, expenses KRW 1,009,979) is 106,663,697 (the sum of KRW 67,354,326, interest KRW 39,309,371).

5) The overdue interest rate of the first loan is 6.15% per annum and the overdue interest rate of the second loan is 6.14% per annum.

[Grounds for recognition] The items in Gap evidence Nos. 1 through 6, the purport of the whole pleadings

B. According to the facts of the above recognition, the Defendant: (a) the Defendant: (b) the Defendant calculated the total outstanding amount at KRW 255,111,223 to the Plaintiff, the assignee of the claim (i.e., KRW 148,447,526, KRW 106,63,697); and (c) the remaining principal amount at KRW 98,240,919 from September 24, 2020, which is the day following the calculation of interest; (b) the interest rate at the rate of 6.15% per annum from September 24, 2020 to October 6, 2020, the delivery date of the original copy of the instant payment order; and (c) the amount calculated at the rate of 12% per annum from the following day to the day of full payment; and (d) the amount of KRW 67,354,326, which is the remainder of the principal of the second loan, the interest payment order after September 24, 20202.

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