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(영문) 서울서부지방법원 2016.04.06 2015가단230924
양수금
Text

1. The defendant shall pay to the plaintiff KRW 79,646,468 and KRW 25,000 among them, per annum from June 16, 2015 to the day of full payment.

Reasons

In full view of the purport of the arguments in Gap evidence 1 through 5, the defendant received a loan of 25,00,000 won from the non-party Changnam Credit Union on August 9, 1997; the interest rate on the agreed interest at the time of the above loan was set at 14.45% per annum; and part of the interest on the above loan was paid; however, as of June 15, 2015, the total amount of KRW 79,646,468 (the principal amount was 25,00,000) was still remaining; the above loan claims were transferred in sequence to the defendant in order of the defendant, and the fact is recognized.

Thus, the defendant is obligated to repay the principal and interest of the unpaid payment to the plaintiff.

As to this, the defendant has set up a defense of partial repayment, but the plaintiff has filed a claim by reflecting all the part already repaid, and there is no evidence to acknowledge the fact that the part above the part reflected by the plaintiff is not acceptable.

Ultimately, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 14.45% per annum, which is the interest rate for delay, from June 16, 2015 to the date of full payment, with respect to the principal and interest of KRW 79,646,468 and the principal of KRW 25,00,000 among the principal and interest of KRW 79,646,468, and the principal of KRW 25,000,000, as

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