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Reasons
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(영문) 부산지방법원동부지원 2020.10.08 2020가합103374
양수금
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1. The Defendant’s annual interest in KRW 503,79,277 and KRW 426,840,074 among the Plaintiff, from July 22, 2010 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On February 16, 2006, B entered into a credit transaction agreement with the Defendant to grant a loan of KRW 285,000,000 to the Defendant with a maturity of KRW 16,207 and KRW 19% per annum. On the same day, B paid KRW 285,00,000 to the Defendant on the same day. On June 16, 2006, on the same day, B entered into a credit transaction agreement with the Defendant to grant a loan of KRW 100,000 with a maturity of KRW 10,000 and KRW 19% per annum on June 16, 2007, and paid KRW 100,000,000 to the Defendant on the same day, and thereafter thereafter, the repayment period of the loan is increased to KRW 200,000,000,000,000 for the extended credit transaction with the Defendant on June 15, 2009.

(hereinafter referred to as "each of the principal and interest of this case" under the above credit transaction agreement

Then, each of the principal and interest claims of this case against the Defendant of the Company B was transferred to D Co., Ltd. (hereinafter “Co. E”) on March 30, 2010 through C Co., Ltd., and D again transferred each of the principal and interest claims of this case to the Plaintiff on October 29, 2015, and notified the Defendant of the transfer of the said claims on April 14, 2016.

C. Meanwhile, as of July 21, 2010, the amount of the principal and interest of this case as of July 21, 2010 is KRW 503,79,277, and the principal is KRW 426,840,074.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1-3, Gap evidence 2, Gap evidence 3-1, 2-2, and the purport of whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, who received the claim of this case, the principal and interest of this case, KRW 503,79,277, and the principal of KRW 426,840,074, the interest rate of KRW 19% per annum from July 22, 2010 to May 31, 2019, and delay damages calculated at 12% per annum from the next day to the date of full payment.

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