logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.04 2020가단5100546
양수금
Text

The defendant shall pay to the plaintiff the amount of KRW 116,649,424 and KRW 36,090,557 from February 29, 2020 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant obtained a loan from C, D and E (hereinafter collectively referred to as “the financial institutions of this case”) or used a credit card and delayed payment of the principal and interest as indicated below. The unpaid debt balance as of February 28, 2020 is listed below.

CD D E

B. On April 10, 2009 and December 10, 2009, the Plaintiff (F) acquired each credit against the Defendant from the instant financial institution (hereinafter “instant credit”). The Plaintiff (F) delegated the instant financial institution’s authority to notify the transfer of the credit and notified the Defendant of the fact of the transfer of the credit. On December 2, 2009 and May 4, 2010, the Plaintiff notified the Defendant of the fact of the transfer of the credit.

C. On May 18, 2010, the Plaintiff filed an order with the Incheon District Court to pay the Defendant for the payment of the transfer money claim, and around May 18, 2010, the Plaintiff received a payment order stating that “The Defendant shall pay the Plaintiff 59,402,815 won and 36,090,57 won with interest of 17% per annum from May 14, 2010 to the date of full payment (No. 2010 tea8337).” The above payment order was finalized around June 8, 2010.

On the other hand, at the time of the above loan, the defendant agreed to follow the overdue interest rate set by the financial institution of this case, and the overdue interest rate set by the plaintiff is 15% per annum.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 9 (including each number in case of additional number) and the purport of whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total amount of KRW 116,649,424 and the principal amount of KRW 36,090,557, which is the day following the above basic date, to the plaintiff at the rate of 12% per annum for delay calculated from February 29, 2020 to the day of full payment.

B. The defendant's assertion and judgment 10 years as to the claim of this case.

arrow