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(영문) 서울남부지방법원 2015.08.25 2015가단202630
양수금
Text

1. The Defendant’s interest rate of KRW 8,243,155 and KRW 4,075,371 among the Plaintiff shall be from November 5, 2014 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 3 and No. 4-1, Hyundai Capital Co., Ltd.: (a) 4,075,371 won in the balance of principal which was loaned and collected to the Defendant on June 13, 2007; and (b) 8,243,15 won in the aggregate; (c) the overdue interest rate of which was 17% per annum after November 5, 2012 applicable to the said loan; (d) Hyundai Capital Co., Ltd. transferred the said claim to the Plaintiff on or around November 30, 2012; and (e) notified the Defendant of the assignment of the said claim on or around February 26, 2013.

The Plaintiff: (a) Six principal and interest of loans to the Defendant of Han Bank Co., Ltd.; (b) (c) (i) (28,695,315 won in the balance of loans on February 22, 2007; (iv) (iv) (4,059,00 won in the balance of loans on March 9, 2009; and (v)) (i) (i) (i) (i) (i) (i) (i) (i) (i) (i) (i) (iii) (i) (i as of May 31, 2013; and (ii) (ii) (iii) (iv) (iii) (i) (i) (i) (i) the amount of loans extended to the Defendant on March 31, 2013; (iii) (iv) (i) (i) (i) (i) the amount of loans extended to the Defendant on March 18, 2013; and (iv) (iii) (iv) (i) the said amount of loans as at KRW 13630.5.28.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 17% per annum from November 5, 2014 to the date of full payment, which is the overdue interest rate of KRW 8,243,155 as well as KRW 4,075,371 as to the principal and interest of the loan, which the Plaintiff recognized as above, and the principal of the loan, after calculating the last attempted interest.

The plaintiff's claim is reasonable within the scope of the above recognition.

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