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(영문) 서울중앙지방법원 2020.01.09 2019가합562652
양수금
Text

1. The defendant shall pay to the plaintiff KRW 207,084,857, and KRW 44,00,000 among them, from June 25, 2019 to the day of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Grounds for recognition: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. Part of dismissal: The Plaintiff seeks payment of damages for delay calculated by the rate of 19% per annum, which is the rate of damages for delay, from July 10, 2019 to the date of full payment, to the date of full payment, for the principal of 160,38,165 won subrogated to C Co., Ltd. on July 9, 2019.

However, according to the evidence Nos. 2 and 3, the agreed delay interest rate under the loan transaction agreement between the defendant and C Co., Ltd. is 14.06% per annum if the overdue interest period exceeds three months (=4.06% per annum per agreed interest rate).

Therefore, among the plaintiff's claim for damages for delay, the part demanding the payment of damages for delay calculated at a rate exceeding 14.06% per annum with respect to the above 160,38,165 won cannot be accepted, and it shall be dismissed.

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