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(영문) 서울남부지방법원 2019.06.04 2018가단262435
대여금
Text

1. The Defendant shall grant to the Intervenor succeeding to the Plaintiff KRW 33,275,861 and KRW 28,33,362 from September 22, 2018 to November 2018.

Reasons

1. Facts of recognition;

A. On June 19, 2014, the Plaintiff loaned KRW 100 million to the Defendant for the period of repayment on June 19, 2019; the overdue interest rate of KRW 9.64% per annum; the Defendant lost the benefit of time due to nonperformance of interest; and on September 21, 2018, the Plaintiff delayed payment of KRW 30,097,207, including the principal amount of KRW 28,333,362 as of September 21, 2018; the agreed interest rate of KRW 1,763,845 as of September 21, 2018.

B. On August 11, 2016, the Plaintiff loaned KRW 10,00 to the Defendant for the period of repayment on August 11, 2018, and the overdue interest rate was set at 15% per annum, and the Defendant lost its benefit by failing to pay interest, and on September 21, 2018, the Plaintiff delayed payment of KRW 3,178,654 in total, including the principal amount of KRW 2,887,50 as of September 21, 2018, the agreed interest rate of KRW 291,154 as of September 21, 2018.

C. The Plaintiff filed the instant lawsuit for the claim for the above loan claim.

On December 5, 2018 and December 26, 2018, the Plaintiff entered into an asset transfer agreement with D Co., Ltd. and the Intervenor succeeding to the Plaintiff, which finally transfers the said loan to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the transfer on December 27, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination on the claims of the Plaintiff’s succeeding intervenor

A. According to the above facts of recognition, the defendant is obligated to pay the above loans to the intervenor succeeding to the plaintiff.

B. Therefore, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the amount of KRW 33,275,861 (i.e., KRW 30,097,207 KRW 3,178,654) and KRW 28,33,362 from September 22, 2018 to November 15, 2018, the delivery date of a copy of the complaint of this case; KRW 9.64% per annum 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment; KRW 2,887,500, the delay damages amounting to KRW 15% per annum from September 22, 2018 to the date of full payment.

3. On the plaintiff's request

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