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(영문) 부산지방법원 2019.09.10 2019가단10336
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65,585,101 and the interest rate thereon from June 16, 2019 to the date of full payment.

Reasons

Defendant B borrowed KRW 28,00,000 from D on August 10, 2012 as interest and delay damages, 20% per annum, and as of September 29, 2012, and Defendant C guaranteed the Defendant B’s obligation to repay loans on the same day; D transferred the Defendant’s obligation to the Plaintiff on August 28, 2014, and notified Defendant C of the transfer of each obligation to Defendant B on or around November 2014, with the overall purport of the pleadings as a whole.

According to the above facts, the defendants are jointly and severally liable to pay interest or delay damages calculated at the rate of 20% per annum from September 29, 2012 to June 15, 2019, calculated at the rate of 37,589,041 won x [620 x 6260 ± 365] x 37,585,101 won (=28,000,000 won) within the limit of the amount of interest or delay damages calculated at the rate of 20% per annum from September 29, 2012 to June 15, 2019, as claimed by the plaintiff, to the plaintiff, the assignee of the above loan claim, and damages for delay calculated at the rate of 37,585,101 won (=28,000,000 won, 37,585,101 won) and the rate of delay damages calculated at the rate of 20% per annum from June 16, 2019.

The plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

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