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(영문) 서울북부지방법원 2016.06.09 2016가단107452
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,539,206 as well as KRW 22,368,892 among them, from November 26, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 22, 2011, the SB Savings Bank extended a loan to the Defendant at 34.8% per annum on interest rate of KRW 30 million and at 39% per annum on damages for delay (hereinafter “instant loan”); thereafter, the Defendant lost the benefit of time by delaying the payment of the principal and interest of the instant loan.

B. On September 17, 2015, the said bank transferred the principal and interest of the instant loan to the Plaintiff, and the Plaintiff was delegated by the said company with the authority to notify the transfer and notified the Defendant of the assignment of the said claim on February 2, 2016, and the said notification reached the Defendant around that time.

C. The principal and interest of the instant loan is KRW 38,539,206 in total as of November 25, 2015 (the principal is KRW 22,368,892 in total).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff who acquired the instant loan principal and interest of KRW 38,539,206 and delay damages calculated at the rate of 39% per annum from November 26, 2015 to the date of full payment, which is the following day of the above base date, to the Plaintiff who received the instant loan principal and interest of KRW 22,368,892.

3. Conclusion, the plaintiff's claim of this case is justified.

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