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(영문) 춘천지방법원 2017.08.17 2017가단52111
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 67,921,530 and the amount of KRW 41,263,116 among them.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, 3, 4-1, 2, and 5, and there is no counter-proof.

On April 30, 2012, the Defendant: (a) determined interest rate of KRW 100,000 as at the maturity date until April 30, 2015; and (b) determined interest rate of KRW 100,000 as at the interest rate where the overdue period is at least three months; and (c) determined the highest interest rate of KRW 10,00 as at the loan rate and received loans by setting the highest interest rate of KRW 25% per annum.

(hereinafter “instant loan”). B.

On December 29, 2014, the Plaintiff received the claim for the instant loan from the non-party partnership, and notified the Defendant of the assignment of the claim on January 21, 2015.

C. On March 14, 2016, the Plaintiff received a dividend of KRW 70,553,787 in the Chuncheon District Court B’s auction of real estate and appropriated the principal to repay the principal to the principal, and the principal was in excess of KRW 29,446,213. The interest is KRW 11,816,903 for the period from November 18, 2014 and the interest is KRW 26,658,414 for the period from November 19, 2014 to March 9, 2017.

The interest rate for arrears of the loan of this case is 16.59% per annum.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant loan claim, the amount of KRW 67,921,530, the total principal and interest of KRW 11,816,90 and interest of KRW 41,263,116, the amount of KRW 41,263,116, which is the sum of the principal and interest of KRW 67,921,530, and the interest of KRW 11,816 from March 9, 2017 to the date of full payment.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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