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(영문) 서울북부지방법원 2015.07.01 2014가단1314
양수금
Text

1. The Defendant’s KRW 36,00,000 as well as the Plaintiff’s annual rate of KRW 18% from November 14, 2013 to July 1, 2015.

Reasons

1. The loan certificate 10 million won as of November 20, 2006, the due date, the name of the deed, and other details as of November 20, 2006, shall be held liable at the time of default on payment as of May 29, 2007, 300,000 won of the cash custody certificate 16 million won as of May 14, 2007, 2007, and shall be held liable at the time of default on payment as of July 11, 2007, the cash custody certificate 10 million won as of September 4, 2008, 200 won as of September 4, 2008, 50 million won as of September 25, 2009, 2000 won as of November 25, 2009, 2000 won as of November 25, 2009, 2000 won as of a promissory note.

A. On November 13, 2011, C transferred the above claim to the Plaintiff, asserting that there was a claim of KRW 72 million against the Defendant (a agreed interest rate of KRW 1.5% per month) and issued the pertinent certificate, such as the statement below (hereinafter “the statement”).

B. On November 18, 2013, the Plaintiff was delegated with the power to notify the assignment of claims by C and notified the Defendant of the assignment of claims.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s amount of credit against the Defendant by lending money several times to the Defendant was KRW 70 million as of April 2013, including the loan amount on the loan certificate and cash custody certificate, and the interest was paid at the interest rate of KRW 1.5% per month, and the Defendant paid the interest to C up to August 2013. Since the Plaintiff acquired the above loan claim against the Defendant, the Defendant is obligated to pay the Plaintiff the amount of KRW 70 million and the interest or delay damages as of September 16, 2013.2) The Defendant did not deliver to C a promissory note Nos. 5, 6, and 7 of the Defendant’s table, and since the amount on the loan certificate or cash custody as set forth in the table Nos. 14 and 15% per month is as follows, only part of the claim remainder.

(1) Claims listed in the table 1: From April 2013 to eight times (one time for payment by E) in total, eight million won.

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