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(영문) 부산지방법원동부지원 2020.07.16 2019가단227673
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 115,04,665 and KRW 39,602,801 among them, from September 17, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 26, 2004, B Co., Ltd. entered into a loan transaction agreement with the Defendant by setting forth 40,827,801 won, annual interest rate of 6%, annual delay rate of less than 3 months, annual 11%, annual delay rate of 3 months, annual 17%, and repayment method of 40,827,801 won to the Defendant around that time, in order to support the Defendant’s recovery of credit through the repayment of the Defendant’s existing financial institution obligation.

B. At the time of the above loan transaction agreement, the Defendant paid KRW 1,225,000 to B Company for partial installment payments.

C. Since then, as the Defendant did not properly implement the repayment plan, B Co., Ltd. lost the benefit of time. Around September 2009, the Seoul Central District Court applied for a payment order for the loan to the Defendant under the Seoul Central District Court 2009 tea60431. On September 9, 2009, the above court rendered a payment order for the loan of KRW 55,504,612 to B Co., Ltd. and KRW 39,602,801 of the loan amount of KRW 40,827,801 plus KRW 1,225,000 per annum from September 8, 2009 to the day of full payment (hereinafter “prepaid payment order”). The Defendant was served the above payment order on September 24, 2009 and the above payment order became final and conclusive on September 24, 2009.

On January 26, 2018, B Co., Ltd. transferred to the Plaintiff the claim that was finalized by the foregoing preceding payment order (hereinafter “instant claim”). On May 3, 2018, the Defendant notified the Defendant of the assignment of the claim by content-certified mail.

E. On October 7, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant, barring special circumstances, shall pay to the plaintiff who acquired the claim of this case totaling the principal and interest of the claim of this case 15,04.

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