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(영문) 대전지방법원 2017.03.09 2016가단222856
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 46,161,348 and KRW 23,972,572 from September 23, 2016 to the date of full payment.

Reasons

Facts of recognition

A. On August 13, 2012, the Defendant: (a) from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”), the amount of KRW 10,200,000 as the purchase price of a motor vehicle was set at 6.8% per annum; (b) the interest rate of KRW 24% per annum; and (c) the interest rate of overdue interest was set at 24% per annum to be repaid in installments over

However, from August 15, 2013, the Defendant did not pay the above loan obligation.

B. On May 7, 2013, the Defendant borrowed KRW 15,000,000 from the Hyundai Capital Capital for the lending period of KRW 36 months, interest rate of KRW 23% per annum, and overdue interest rate of KRW 35% per annum.

However, from July 25, 2013, the Defendant did not pay the above loan obligation.

C. On July 9, 2013, the Defendant borrowed a loan of KRW 2 million from Hyundai Capital, 36 months, interest rate of KRW 25% per annum, and interest rate of KRW 37% per annum.

However, from August 25, 2013, the Defendant did not pay the above loans.

On the other hand, on May 20, 2016, Hyundai Capital transferred each of the above loans to the Plaintiff to the Defendant, and notified the Defendant of the assignment of the loans around May 23, 2016.

The aggregate of the principal and interest of each of the above loans is KRW 46,161,348 as of August 19, 2016 (=12,326,781 (7,29,706 won for the principal and interest of the loan) as of KRW 29,737,218 (14,672,866 won for the principal and interest of the loan) remaining as of KRW 46,161,348 (2,00,000 for the principal and interest of the loan) (2,00,000 for the principal and interest of the loan).

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 7, and the purport of the entire pleadings, barring any other special circumstances, the defendant shall pay to the plaintiff a delay compensation amounting to 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 23, 2016 to the date of delivery of the original copy of the payment order, which the plaintiff sought against the plaintiff as to the above 46,161,348 won and principal (=7,299,706 won, 14,672,866 won, 2,00,000 won).

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