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(영문) 춘천지방법원 원주지원 2018.04.05 2017가단34270
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from June 17, 2017, for KRW 98,300,219 and KRW 43,727,231 among them.

Reasons

1. Facts of recognition;

A. On July 13, 2010, Hyundai Social Co., Ltd. (hereinafter “Moman Social Co., Ltd.”) lent total amount of KRW 111,70,000 to Defendant Co., Ltd. as “60 months of loan, interest rate of 12% per annum, interest rate of 11.976135% per annum, interest rate of 24% per annum, interest rate of 24% per annum per annum, and interest rate per month in repayment method” (hereinafter “first loan”). At that time, Defendant B set the guarantee limit of the above loan obligation as KRW 111,70,000.

B. On January 17, 201, Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”): (a) leased KRW 21,000,000 to Defendant Co., Ltd. (hereinafter “No. 24%”) at the loan period of 48 months; (b) annual loan interest rate of 7.95%; (c) annual interest rate of 10.61%; and (d) annual interest rate of 24% (hereinafter “No. 2 loan”).

C. On May 2016, 2016, Moman social transferred the principal and interest of the first loan to Defendant A to Hyundai Capital, and notified the fact to Defendant A around that time. Hyundai Capital again transferred both the first loan that it acquired and the principal and interest of the second loan to the Plaintiff on May 20, 2016, and notified the fact to Defendant A around the 23th of the same month.

At the time of the Plaintiff’s acquisition of each of the loans against Defendant A as above, Defendant A already lost the benefit of time by delay, on more than two consecutive occasions, payment of the principal and interest on the installment repayment of the first and second loans.

E. Meanwhile, as of May 11, 2017, the remaining amount of loans of the first loan is KRW 25,009,796, interest 30,281,368, totaling KRW 55,291,368, and the remaining amount of loans of the second loan is KRW 18,717,435, interest 24,291,416, totaling KRW 43,008,851.

[Ground of recognition] Facts without dispute, Gap 1 through 7, 12, and 13; the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the plaintiff's claim, the plaintiff shall be the plaintiff.

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