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(영문) 서울중앙지방법원 2016.11.18 2015가합580454
양수금
Text

1. Defendant D’s KRW 215,00,000 as well as 5% per annum from January 9, 2016 to November 18, 2016 to the Plaintiff.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant D and E

A. On August 2, 2011, F indicated the claim against Defendant D: (a) leased KRW 100,000,000 to Defendant D with interest rate of KRW 2% on February 2, 201; and (b) on July 27, 2015, Defendant D transferred the above loan claim to the Plaintiff on July 27, 2015. Therefore, from February 3, 2012 to December 2, 2015, Defendant D with the duty of giving 15,00,000,000 per annum of KRW 20,000,000,000 per annum of KRW 20,00,000,00 per annum of KRW 20,000,000 per annum of KRW 10,000,000 per annum of KRW 20,000 per annum of the instant claim against the Plaintiff; and (b) Defendant E-10,010,000 per annum of the instant claim.

Therefore, Defendant E is obligated to pay to the Plaintiff 26,00,000 won of the above claim amount and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from January 9, 2016 to November 18, 2016, which is the day following the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the Plaintiff’s claim against Defendant B and C

A. On August 2, 2011, F loaned KRW 100 million to Defendant D as interest rateing to 2.5% and due date of repayment on February 2, 2012 (hereinafter “instant lending”), and Defendant D’s instant loans.

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