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(영문) 서울동부지방법원 2017.10.12 2016가단136003
양수금
Text

1. The defendant shall pay to the plaintiff KRW 52,625,437 as well as KRW 26,951,509 among them, from August 11, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. A. Around April 17, 2013, the Fair Savings Bank (hereinafter “Fair Savings Bank”) lent KRW 29,300,000 to the Defendant.

B. As of August 10, 2016, the above loan obligations remain in 26,951,509 won with principal, overdue interest was generated in 25,673,928 won. The overdue interest rate set forth in the Fair Savings Bank is 31.6% per annum.

C. Meanwhile, on March 22, 2016, the Fair Savings Bank transferred the above loan claims to the Plaintiff, notified the Defendant of the assignment of claims on April 6, 2016, and the above notification of assignment of claims reached the Defendant around that time.

【Ground for Recognition: Each entry in the evidence of Nos. 1 through 4, and the purport of the whole pleadings】

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 31.6% per annum, which is the overdue interest rate of 26,951,509 won in the remaining principal (26,951,509 won in overdue interest of 25,673,928 won in the remaining principal) and the remaining principal from August 11, 2016 to the date of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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