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(영문) 서울북부지방법원 2020.07.14 2019가단143008
양수금
Text

1. The defendant's 513,337,345 won and above amount to the plaintiff

(a) As regards KRW 83,568,227, the full payment shall be made from July 16, 2019.

Reasons

1. Facts of recognition;

A. On March 23, 2007, the Defendant applied for a loan of 101,000,000 won from D Co., Ltd. (hereinafter “Nonindicted Company”) for a loan of 101,00,000 won, and the interest rate shall be the prescribed interest rate determined by Nonparty Co., Ltd., and the interest rate for delay shall be 24% per annum.

B. On October 8, 2007, the defendant borrowed 70,000,000 won from the non-party company for the same loans as above, and the interest rate shall be the prescribed interest rate determined by the non-party company, and the compensation rate for delay shall be 29% per annum.

(hereinafter referred to as “each of the loans of this case”) against the Defendant of the non-party company, each of the loans of this case under paragraphs (a) and (b) above.

C. The Defendant delayed the repayment of each of the instant loans to Nonparty Company.

On October 2, 2008, the non-party company transferred each of the above loan claims against the defendant to E Co., Ltd., and on July 7, 2017, E Co. transferred each of the above loan claims to the plaintiff according to the asset acquisition agreement with the plaintiff.

The 101,00,000 83,568,2279,027,027,309 44,288,870 296,884,406 70,00,000,000,891,976 129,689,8123,871,871, 216,452,939, 136,460,203298,717,1216,452,939, 136,460,203298,717,160,0213,337,3455

E. As of July 15, 2019, the sum of the principal and interest of each of the instant loans that the Plaintiff acquired by transfer is KRW 513,337,345 as indicated below.

[Ground for recognition] Unsatisfy, Gap evidence 1 to 5 (including each branch number, if any), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant calculated based on each of the damages rate of 29% per annum from July 16, 2019 to the date of full payment for KRW 52,891,976 as to KRW 513,337,345, and KRW 83,568,227, among the above amounts, to the Plaintiff, a transferee of each of the loans of this case, as to KRW 513,337,345, and the principal amount of loans from March 23, 2007 to the date of full payment for KRW 83,568,227.

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