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(영문) 서울북부지방법원 2016.10.13 2016가단120981
양수금
Text

1. The defendant shall pay to the plaintiff 120,90,107 won and KRW 81,529,091 among them, from February 12, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

(a) Loan contract 1) Korea Standards Bank Co., Ltd. (hereinafter referred to as “SIB”);

(2) On June 24, 201, the Plaintiff entered into a contract with the Defendant to lend KRW 50,000,000 to the Defendant at the rate of 21% per annum on June 28, 2016; and on June 28, 2011, the Plaintiff loaned KRW 50,000,000 to the Defendant on June 1, 2012; and on June 1, 2012, Nonparty bank loaned KRW 100,000 to the Defendant at the interest rate of KRW 8.3% per annum on interest CD interest rate; and on June 5, 2012, Nonparty bank loaned KRW 10,000 to the Defendant at the interest rate of KRW 10,000 per annum on interest loan rate; and on June 5, 2012, Nonparty bank loaned KRW 500,000 to the Defendant on June 5, 2012.

B. On November 20, 2015, Nonparty Company transferred each of the above loans against the Defendant to the Plaintiff on the part of November 20, 2015, and notified the Defendant of the transfer, but the notification was served on June 3, 2016 on which the instant lawsuit was pending.

C. As of February 11, 2016, the credit for standard loans remains in principal amounting to KRW 47,448,06, interest amounting to KRW 22,611,859, and KRW 124,300, principal amounting to KRW 34,081,085, and interest amounting to KRW 16,634,85, respectively.

[Reasons for Recognition] The entry of Gap 1 through 7, a significant fact in this court, the purport of the whole pleadings

2. According to the facts of the above determination, the Defendant is obligated to pay to the Plaintiff, a transferee of each loan claim the amount of KRW 120,90,107 (i.e., the principal amount of KRW 47,448,611,859 with interest of KRW 22,61,61,859 with interest of KRW 124,30 with interest of KRW 34,081,085 with interest of KRW 16,634,857 with interest of KRW 16,657 with interest of KRW 124,300 and delay damages calculated at the rate of KRW 81,529,09 with interest calculated from February 12, 2016 to full payment with interest rate of KRW 18% per annum, as sought by the Plaintiff.

3. Accordingly, we decide to accept the Plaintiff’s claim of this case on the grounds of its reasoning.

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