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(영문) 부산지방법원 동부지원 2018.02.08 2017가단215812
양수금
Text

1. The defendant shall pay to the plaintiff KRW 119,892,03 and KRW 87,50,000 among them, from July 1, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On June 9, 2009, the Small and Medium Business Corporation lent a loan to the Defendant with an urgent fund for business stabilization under the condition that the principal and interest shall be repaid in equal installments every three months for two years after one year grace period.

B. On September 23, 2015, the Defendant delayed the repayment of the principal amounting to KRW 87,500,000, and the Small and Medium Business Corporation transferred its claim against the Defendant to the Plaintiff, and notified the Defendant of the transfer by content-certified mail on October 21, 2015.

C. As of June 30, 2015, claims against the Defendant that the Plaintiff acquired are KRW 87,50,000 of the principal and interest in arrears of KRW 32,392,03 as of June 30, 2015, and the delay interest rate determined by the Plaintiff is 12% per annum.

[Ground of recognition] Unsatisfy, each entry of Gap 1 through 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff a total of KRW 119,892,033 of the principal and interest of loan and KRW 87,50,000 of the remaining principal and interest of the Plaintiff at the rate of 12% per annum from July 1, 2015 to the date of full payment, which is the day following the base date for calculation.

Although the defendant asserts that he has no sufficient means to repay, it cannot be viewed as a legally valid defense.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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