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(영문) 서울동부지방법원 2016.06.03 2016가단104822
양수금
Text

1. The Defendant’s interest rate of KRW 85,584,776 and KRW 64,627,687 among the Plaintiff shall be from February 16, 2012 to the day of full payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in Gap 1-6 and the whole purport of the arguments, non-Espion Capital Co., Ltd. (hereinafter "non-Espion") (hereinafter "non-Espion") leased to the defendant ① interest rate of KRW 68 million on January 18, 2012; rate of KRW 11.9% per annum; rate of delay damages; rate of KRW 29% per annum; rate of KRW 76 million on January 18, 2012; rate of KRW 12.9% per annum; rate of delay damages; rate of KRW 29% per annum; and period of payment 48 months after the delay in paying interest; amount of KRW 64,267,687 out of the loan principal; ② amount of KRW 20,957,089 out of the loan principal; amount of loan to the defendant on February 13, 2015; and

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 85,584,776 won in total of the principal of each remaining loan and ① 64,627,687 won in total with the agreed interest rate of 29% per annum from February 16, 2012 to the date of full payment, and ② 20,957,089 won in total with the agreed interest rate of 29% per annum from February 5, 2014 to the date of full payment.

In regard to this, the defendant, each of the above loans was made by using the bus owned by the defendant as a security, and there is no evidence to acknowledge the payment of each of the above loans by selling each of the above loans by auction, but the above part of the above loans cannot be accepted.

If so, the plaintiff's claim is justified.

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