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(영문) 서울북부지방법원 2020.04.28 2020가단100502
양수금
Text

1. The defendant shall pay to the plaintiff KRW 76,232,98 and KRW 47,010,519 among them, per annum from August 21, 2019 to the day of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form of claims;

(However, the creditor's "Plaintiff" and the debtor's "defendant"). 2. Judgment by service of public notice: Article 208 (3) 3 of the Civil Procedure Act

3. Partial Claim Dismissal: In view of the fact that the credit transaction agreement (Evidence A No. 1) dated July 28, 2016 between the LAD and the Defendant entered “50 million won of loans, 25.8% of the loan interest rate, 27.9% of the loan interest rate, 60 months of the loan period,” each entry in the evidence No. 1 and No. 4 alone is insufficient to recognize that the overdue interest rate of the above loan or delay damages was specified as 27.9% of the loan interest rate, and there is no other evidence to acknowledge otherwise, it is reasonable to deem that the Defendant’s delay interest rate of the above loan or delay damages is 25.8% of the loan interest rate.

① The remaining principal: 47,010,519 won (2) as of July 21, 2017, which was earlier than the transfer: The outstanding interest as of July 21, 2017: 3,968,171 won (3) from July 22, 2017 to August 20, 2019: 25,254,308 won = 47,010,519 won x 760 days/365 days x 25.8% x 25.8% x 25.8% x 36,232,98 won (i) as of August 20, 2019.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 76,232,98 and the principal of KRW 47,010,519 among them, delay damages equivalent to the agreed interest rate of KRW 25.8% from August 21, 2019 to the date of full payment.

Ultimately, there is no reason for the part exceeding the above recognition scope among the plaintiff's claims.

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