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(영문) 서울북부지방법원 2018.09.13 2018가단121919
양수금
Text

1. The defendant shall pay to the plaintiff KRW 43,606,39 as well as KRW 36,017,748 among them, from January 9, 2018 to the day of full payment.

Reasons

Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 through 4, Hyundai Capital Co., Ltd. loaned KRW 38 million to the defendant at 9.9% per annum, interest rate of KRW 25% per annum, and period of 60 months (payment of principal and interest). Hyundai Capital Co., Ltd. on September 11, 2017, transferred the above loan claim to the plaintiff on September 11, 201, and notified the defendant thereof at that time. The loan claim of this case is 2018.

1. 8. As of August 1, 201, the facts constituting the principal amount of KRW 36,017,748, interest of KRW 7,58,591, total of KRW 43,606,339 are recognized.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claims at the rate of 25% per annum from January 9, 2018 to the date of full payment of the loan principal of KRW 43,606,339 and the principal of the loan principal of KRW 36,017,748.

In regard to this, the defendant alleged that the obligation of loans against Hyundai Capital should be paid by B, C, and D, not by the defendant, but by the defendant. However, since there is no evidence to acknowledge this, the above assertion is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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