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(영문) 서울중앙지방법원 2020.07.10 2019가합593502
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 400,000,000 won and the period from October 1, 2017 to February 7, 2018.

Reasons

1. Facts of recognition;

A. On August 31, 2017, D lent KRW 400,000,00 to Defendant B on the due date for payment of KRW 3% on September 30, 2017 and the interest month. In such case, Defendant C Limited Liability Company (hereinafter “Defendant Company”) jointly and severally guaranteed Defendant B’s above loan obligation.

B. On November 7, 2019, D transferred the above loan claims to the Plaintiff, and delegated the authority to notify the assignment of the claims to the Plaintiff.

C. A duplicate of the complaint of this case containing the purport that the Plaintiff notified the Plaintiff of the right to notify the transfer of the claim as above was delivered to the Defendant B on January 15, 2020.

[Reasons for Recognition] Clear fact in records, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination, the highest interest rate under Article 2(1) of the Interest Limitation Act as of August 31, 2017, which was concluded with respect to the instant monetary lending contract, is 25% per annum, and the agreement on interest exceeding the above interest rate is null and void. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by the rate of 25% per annum from October 1, 2017 to February 7, 2018, which is the date following the due date for repayment, to the Plaintiff.

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

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