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(영문) 광주지방법원순천지원 2017.08.23 2016가단80424
양수금
Text

1. As to the Plaintiff’s Intervenor’s Intervenor’s 69,442,322 won and 65,483,079 won among them, the Defendant shall start on October 12, 2016.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. 1) The Defendant is Hyundai Social Co., Ltd. (hereinafter “Moman Social”)

B) On February 26, 2014, the Defendant entered into a loan contract with 150,940,000 won as principal, 62 months during the loan period, and 8.90% per annum. 2) The Defendant agreed to pay damages for delay at 24% per annum for all obligations including the remaining principal in the event a ground for loss of profit under the credit transaction’s basic terms and conditions or credit transaction’s terms and conditions occurs in the course of loan transaction with Hyundai Myman social.

3) On February 2, 2016, Hyundai Social transferred all of the principal and interest of loans to the Defendant to Hyundai Capital Co., Ltd., and notified the Defendant of the fact of transferring the said credit on February 3, 2016. Meanwhile, on October 11, 2016, the date the application for the instant payment order was made, the balance of the principal and interest of loans as of October 11, 2016 is KRW 69,442,322 (paid principal and interest of KRW 65,483,079 (paid principal and interest of KRW 65,483,079) and KRW 235,376 for delay). 4) The Plaintiff delayed the Defendant’s repayment of the said loan, and the Plaintiff transferred all of the principal and interest of loans to the Defendant’s succeeding Intervenor as of January 20, 2017 and notified the Defendant of the fact of transferring the credit on February 16, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, Gap's 1 to 4, and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay the Intervenor’s successor to the Plaintiff a total amount of KRW 69,442,322 (paid principal of KRW 65,483,079, KRW 3,235,376, KRW 723,866) and damages for delay at the rate of 24% per annum from October 12, 2016 to the date of full payment of the principal amount, barring special circumstances.

In this regard, the defendant transfers three vehicles to modern social money.

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