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(영문) 창원지방법원 2017.08.18 2017가단100744
양수금
Text

1. The defendant shall pay to the plaintiff KRW 57,672,155 and the amount of KRW 22,925,612 from November 25, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 4, 2010, the Defendant concluded a loan contract with Hyundai Capital Co., Ltd. (hereinafter “Nonindicted Company”) by setting the lending period of KRW 9,315,000 at 36 months, annual interest rate of KRW 39.89 per annum, and interest rate of arrears at 44.89% per annum. From February 2012, the Defendant lost its benefit by failing to repay its obligation.

As of October 27, 2016, the Defendant’s obligation due is the principal amount of KRW 4,969,958 and delay damages amount of KRW 10,136,353 (annual interest rate of KRW 27.9%).

B. On September 7, 2010, the Defendant entered into a loan agreement with Nonparty Company 25,000,000 for the loan period of 36 months, interest rate of 23.5% per annum, and interest rate of arrears rate of 29% per annum. From February 2012, the Defendant lost the benefit of time due to the Defendant’s failure to repay its debt from around February 2012.

As of October 27, 2016, the Defendant’s obligation due is the principal of KRW 15,94,194 and delay damages of KRW 21,847,196 (annual interest rate of KRW 27.9%).

C. On June 14, 201, the Defendant concluded a credit card issuance contract with the non-party company and did not pay the card price after using the credit card.

As of October 27, 2016, the Defendant’s obligation due is the principal amount of KRW 1,961,460 and delay damages amount of KRW 2,762,994 (annual interest rate of KRW 27.9%).

On May 20, 2016, Nonparty Company entered into a contract with the Plaintiff to transfer its claim against the Defendant, and at that time notified the Defendant of the assignment of claim.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant payment order, 57,672,155 won, and 22,925,612 won of the principal, as the Plaintiff seeks, 15% interest per annum from November 25, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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