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(영문) 서울북부지방법원 2020.12.08 2019가단147826
사해행위취소
Text

The defendant shall pay to the plaintiff KRW 14,285,294 and KRW 9,99,704 among them, per annum from September 20, 2019 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. On July 20, 2017, C Co., Ltd. leased KRW 10,00,000 to the Defendant on July 20, 2020 as the loan maturity and KRW 27.9% per annum, respectively. 2) On May 25, 2018, C Co., Ltd transferred all of the above loan claims against the Defendant to the Plaintiff on a deposit basis, and around June 15, 2018, C notified the Defendant of the assignment of the above claim with content certification.

3) As of September 19, 2019, the claim for the above loan that the Plaintiff acquired by the Plaintiff remains 14,285,294 won (i.e., the principal amount of KRW 9,99,704 or damages for delay) (i.e., interest on the principal amount of KRW 9,99,704 or damages for delay). [Grounds for recognition] Articles 5 through 7 (Additional Number) and the purport of the entire pleadings.

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at the rate of 27.9% per annum from September 20, 2019 to the date of full payment of the principal amount of KRW 14,285,294 and the principal amount of KRW 9,99,704, which remains remaining in the Plaintiff, a transferee of the above loan claim, to the Plaintiff.

2. Conclusion, the plaintiff's claim is justified.

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