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Reasons
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(영문) 서울중앙지방법원 2019.05.30 2018가단5259254
양수금
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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from October 31, 2018 to the date of full payment.

Reasons

1. Basic facts

A. C (hereinafter “C”) set the Defendant at 17% per annum on September 8, 201 and lent KRW 437,000,000 per annum to the Defendant at 17% per annum, and determined and lent KRW 437,00,000 per annum on December 1, 201 as damages for delay.

(hereinafter referred to as “the instant loan claims”). (b)

1) C, on December 21, 2012, concluded between C and D Co., Ltd. and C and D Co., Ltd. and C, D, D Co., Ltd. Co., Ltd., and F Co., Ltd., Ltd., according to the contract for the transfer and takeover of the bond sales on December 27, 2012 concluded between F Co., Ltd and G Co., Ltd., and on December 27, 2012, on December 28, 2012, C transferred the instant loan claim to G Co., Ltd., and on December 28, 2012, C notified the Defendant of the transfer of the credit by content-certified mail. On September 23, 2012, the balance of the principal on the date of the loan as of September 31, 2012, as well as the balance of the loan on September 31, 169, 1301, as follows:

C.1) On November 25, 2013, G limited liability company received dividends of KRW 343,165,42 as the applicant creditor and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based 5,83,710 won, interest of KRW 132,497,468 (i.e., KRW 45,584,182 won, KRW 86,913,286) and appropriated each of the loans amounting to KRW 204,834,244,244 on December 1, 2011.

Interest accrued from October 24, 2012 to November 25, 2013 on the accrued principal 131,864,169,920,131 5,906,656, 37,864,169 x (13/365) x 17% 17% 17% x 437,000,004,664,051 81,06, 6306, 437,000 x (133/365) x (17,000 x 17% 5,723,310 x 468,694,584,584,82,8631,836,837,8638,486,47,486,37,400

D. On February 18, 2014, G Limited transferred the instant loan claim to the Plaintiff, and on March 14, 2014, notified the Defendant of the assignment by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Review of the above facts of recognition as to the cause of the claim reveals the following facts.

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