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(영문) 수원지방법원평택지원 2019.09.26 2019가단59743
양수금
Text

1. The Defendant paid KRW 47,716,533 out of KRW 48,525,49 and the said amount to the Plaintiff from June 28, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On August 27, 2015, the Defendant obtained a loan of KRW 166,00,000 from D Co., Ltd. with a loan period of KRW 62 months and interest rate of KRW 6.3% per annum, but entered into a contract with the Defendant to pay damages for delay calculated at the rate of 24% per annum for all the remaining principal and all the obligations related thereto where a cause for loss of the benefit of time arises to the Defendant.

B. On February 8, 2019, D Co., Ltd. transferred claims under the above loan agreement to the Defendant, and notified the Plaintiff of the transfer on April 5, 2019, and received the said transfer notification from the Plaintiff around that time.

C. The Defendant’s failure to perform the obligation to pay principal and interest under the above loan agreement lost the benefit of the given period. The remainder of the principal as of June 27, 2019 is KRW 47,716,533, and the unpaid interest rate is KRW 685,596, and delay damages are KRW 123,370.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 24% per annum from June 28, 2019 to the day of full payment with respect to the remaining principal, unpaid interest, delay damages, and the remaining principal, 47,716,533 won.

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

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