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(영문) 의정부지방법원고양지원 2019.03.20 2018가단3925
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 150 million and the amount of KRW 100 million among them, from November 8, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 18, 2011, C loaned KRW 100 million to the Defendant at the maturity of payment on April 18, 2012 and at the rate of 24% per annum (hereinafter “instant loan claim”); D, on April 18, 2011, set the right to collateral security with respect to F, G, H, and I’s land (hereinafter “E interest”) KRW 150 million with respect to the maximum debt amount, and the right to collateral security with the mortgagee C with respect to the instant loan claim.

B. On March 23, 2012, C transferred the instant loan claim to the Plaintiff and notified the Defendant of the transfer. On March 28, 2012, C completed the supplementary registration of the transfer of the right to collateral security on the ground of the transfer of the confirmed claim.

C. On the other hand, on September 20, 2015, the Defendant decided to repay the principal amounting to KRW 150 million with respect to the instant loan claims between the Plaintiff and the Plaintiff, and the Plaintiff prepared a receipt of KRW 150 million with respect to the instant loan claims and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal of the instant loan claims KRW 150 million and the principal KRW 100 million among them, calculated at the rate of 15% per annum from November 8, 2018 to the day of full payment, which is the day following the day of service of a copy of the instant complaint, to the day of full payment.

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

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