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(영문) 의정부지방법원 2017.05.11 2017가단100116
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,119,478 and the interest rate of KRW 15% per annum from December 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 22, 2013, the Defendant agreed to pay the principal and interest of KRW 24,700,000 as interest rate of KRW 27.9% per annum from Hyundai Capital Capital Capital Co., Ltd. to pay the principal and interest of the loan for 36 months.

B. From June 20, 2013, the Defendant began to pay the principal and interest of the loan in arrears.

C. On May 20, 2016, the Plaintiff entered into an asset transfer agreement with Hyundai Capital Co., Ltd., and acquired the above principal and interest of loan to the Defendant of Hyundai Capital Co., Ltd., and notified the Defendant of the above transfer around May 24, 2016 pursuant to Article 7(1) of the Asset-Backed Securitization Act. The Plaintiff notified the Defendant of the transfer and issued the above notification to the Defendant around that time.

As of November 18, 2016, the Plaintiff’s above-paid claim against the Defendant is KRW 50,119,479, including the principal amount of KRW 23,801,025 and interest or delay damages amount of KRW 26,318,454.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the above recognition, the Plaintiff acquired the principal and interest of loan from Hyundai Capital Co., Ltd. to the Defendant. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 13, 2016 to the day of complete payment as requested by the Plaintiff, among the total sum of KRW 50,119,479, the principal and interest of the above loan claim, or damages for delay, calculated at the rate of 50,119,478 won and the above amount, as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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