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(영문) 서울중앙지방법원 2015.11.25 2015가단5180579
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,391,884 as well as KRW 29,910,060 among them, from April 23, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 11, 2013, Industrial Complex Loan Co., Ltd. (hereinafter “Industrial Complex Loan”) extended a loan of KRW 30,000,000 to the Defendant at an interest rate of KRW 36.5% per annum, overdue interest rate of KRW 36.5% per annum, and November 11, 2018 upon the expiration of the contract (hereinafter “instant loan”). On December 31, 2014, the Defendant transferred the instant loan interest claim against the Defendant to the Plaintiff and then notified the Defendant of the transfer at that time.

B. From April 2014, the Defendant lost the benefit due to the delay in paying the principal and interest of this case. As of April 22, 2015, the principal and interest of this case were totaling KRW 40,391,884 (= principal principal KRW 29,910,060).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, a transferee of the instant loan claim the amount of KRW 40,391,84 in total, and the amount of KRW 29,910,060 in total, and the amount of KRW 29,910,060 in total, to the Plaintiff, a delay interest rate of KRW 36.5% in arrears, calculated from April 23, 2015 to the date of full payment.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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