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(영문) 서울중앙지방법원 2019.09.19 2018가단5215735
대여금
Text

1. From July 15, 2016 to August 30, 2018, the Defendant’s KRW 180,000 to the Plaintiff and the following:

Reasons

On July 15, 2016, the Plaintiff lent 180 million won to Nonparty C (hereinafter “Nonindicted Party”). On the same day, the Nonparty leased the said money to the Defendant at the maturity of one year, the interest rate at 5% per annum, and on June 20, 2018, the Nonparty transferred the above loan claims against the Defendant to the Plaintiff by the Nonparty. The fact that the Nonparty notified the Defendant of the assignment of claims at that time is either dispute between the parties or by the statement in subparagraphs 1 through 5, and thus, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 180 million won per annum from July 15, 2016 to August 30, 2018, the delivery date of the application for the instant payment order to the Plaintiff, 5% per annum from the next day to May 31, 2019, 15% per annum as prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and 2% per annum from the next day to the next day of repayment.

If so, the plaintiff's claim is reasonable and acceptable.

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