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(영문) 서울남부지방법원 2017.04.28 2016가단262981
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 43,451,752 as well as KRW 43,094,618 from October 14, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 25, 2014, Nonparty B entered into a loan agreement with Nonparty Hyundai Social Co., Ltd. at KRW 249,800,339, 60 months of loan period, and 7% of loan interest rate per annum.

B. Nonparty B agreed to pay damages for delay calculated by applying the rate of 24% per annum to all obligations related to the remaining principal and all obligations in the event of a cause for loss of interest under the terms and conditions of credit transaction or credit transaction agreement.

C. The Defendant jointly and severally guaranteed all obligations under the above loan contract.

Non-party B lost the benefit of time on October 13, 2016 due to non-performance of the obligation to repay the principal and interest.

E. On August 2, 2016, Nonparty Hyundai Social Co., Ltd. transferred the above loan claims to the Plaintiff, and notified Nonparty B and the Defendant of the assignment of claims on August 4, 2016.

F. The remaining amount of debt calculated as of October 13, 2016 is 43,094,618 won as principal, 339,509 won as unpaid interest, and 17,625 won as liquidated damages.

[Grounds for recognition] Evidence Nos. 1 through 7, the purport of the whole pleadings

2. Conclusion, the Defendant is obligated to pay to the Plaintiff 43,451,752 won and 43,094,618 won with 24% interest per annum under the agreement from October 14, 2016 to the date of full payment.

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