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(영문) 서울북부지방법원 2020.08.19 2019가단136079
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 162,576,438 as well as KRW 100,000 among them, from April 10, 2019 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 3, and 4 (including various numbers), the defendant transferred 950,000,000 won interest from D Co., Ltd. on November 25, 201 to "1.83% of the base rate for CD-limited loan," interest for less than three months, 17% per annum, interest for more than three months, 19% per annum, and 25% as of November 25, 2012; interest on November 25, 2012 changed to the date of repayment on November 29, 2013; the claim for the loan was transferred to the defendant on December 27, 2013; and the fact that the claim for the loan was transferred to the defendant on December 20, 2013 and transferred to the defendant on October 16, 2014; and that the loan was transferred to the defendant on October 21, 2016.

The Plaintiff asserts that the principal and interest of interest of the Plaintiff was KRW 165,479,671 as of April 9, 2019 and that the Defendant paid KRW 165,479,671 among the principal and interest of the Plaintiff and KRW 100,000,000 from April 10, 2019 to the date of full payment.

In light of the above facts, the Defendant is obligated to pay the Plaintiff the interest rate of KRW 14,947,726 up to December 11, 2015, which is the acquisition date of the principal and interest of KRW 100,00,000 as the principal and interest of the loan, and interest rate of KRW 14,947,726 up to April 9, 2019, and interest rate of KRW 47,628,712 calculated by the rate of 14.32% per annum (Evidence 2) as the Plaintiff’s interest rate of KRW 162,576,438 as the principal and interest of the loan and interest of KRW 162,576,438 as the above principal and interest of KRW 100,00,000, KRW 147,947, KRW 267, 4728,4710 and KRW 2010 as the last interest rate of KRW 1620,7010.20.1.2

Thus, the plaintiff's claim is justified within the above scope of recognition.

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