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(영문) 의정부지방법원 2017.11.15 2017가단106367
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,446,867 out of KRW 41,259,271 and the said KRW 22,46,867 from February 16, 2017 to the date of full payment.

Reasons

1. Recognizing fact, Hyundai Capital Co., Ltd. (hereinafter referred to as “Moman Capital”) has the following two loans against the Defendant as of March 31, 2016 (hereinafter collectively referred to as “instant bonds”).

On October 14, 201, 201, 8,589,602 Won 10,571,734 per annum 27.9% per annum 27.9% per credit card cash services 13,857,265 won, 6,604,481 won per annum 24% per annum was entered into a contract with Hyundai Capital on May 20, 201, on the acquisition of a claim by which the claim for each of the above loans is transferred to the Defendant on May 24, 2016.

The principal and overdue interest of the instant claim are as listed below as of August 12, 2016.

The loan of 8,589,602 won per annum 27.9% per annum 6,821,307 won per annum 15,410,909 won per annum 2 credit card cash services 13,857,265 won per annum 24% per annum 11,91,097 won per annum 25,848,362 won per annum 22,446,867 won per annum 41,259,271 [based on recognition] per annum 1-9, and the purport of the entire pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum to the Plaintiff within the scope of overdue interest rate, which is clearly indicated as the day following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, from February 16, 2017 to the day of full payment, with respect to KRW 22,46,867, which falls under the principal of the loan, out of KRW 41,259,271, which is the sum of principal and interest of the instant claim and the said money.

3. In 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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