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(영문) 수원지방법원안양지원 2015.12.10 2015가합101394
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 60,000,000 and for this, KRW 8.5% per annum from May 5, 2011 to March 20, 2012.

Reasons

1. On May 4, 201, 201, the Construction Co., Ltd. with the indication of the claim (hereinafter “Nonindicted Co., Ltd.”) loaned KRW 60,00,000 to Defendant B at the maturity of March 20, 2012, interest rate of KRW 8.5% per annum, and delay damages rate of KRW 20% per annum. On September 30, 2008, Defendant C lent KRW 157,000,000 to Defendant C with the maturity of KRW 8.5% per annum.

On April 7, 2015, the Plaintiff acquired each of the above loan claims against the Defendants of the non-party company from the non-party company, and the non-party company notified the Defendants of the above transfer of claims on the same day.

Therefore, Defendant B is obligated to pay interest or delay damages calculated at the rate of 8.5% per annum from May 5, 2011 to March 20, 2012, which is the date following the borrowing date, and from March 20, 2012, the agreed interest rate of 60,000,000 won, and at the rate of 20% per annum from the next day to the date of full payment; Defendant C is obligated to pay interest or delay damages calculated at the rate of 15% per annum from the next day of the borrowing date to the date of full payment; and Defendant C is obligated to pay interest or delay damages calculated at the rate of 15% per annum from October 1, 208, which is the agreed interest rate of 60,000,000 won from the next day of the borrowing date to December 10, 2015, and from the next day to the date of full payment.

2. Applicable provisions;

(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (a)

B. Defendant C: Article 208(3)2 of the Civil Procedure Act

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