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(영문) 서울동부지방법원 2020.04.24 2019가단156756
양수금
Text

1. As to KRW 258,793,091 and KRW 150,00,00 among the Plaintiff, the Defendant shall start from June 25, 2019 to September 1, 2019.

Reasons

1. Basic facts

A. On January 29, 2013, D Co., Ltd. (E organization prior to the change: E organization) entered into a transaction of general loan loans of KRW 150 million with the Defendant, and agreed to apply the rate of delayed damage due to non-performance of the agreement in accordance with the interest rate determined by D Co., Ltd. and the basic terms and conditions of bank credit transactions.

B. The Defendant failed to repay the above loan by January 29, 2014, which is the date of expiry of the term of credit set forth in the above loan transaction. As of June 24, 2019, the principal amount of KRW 150,000,000 and interest KRW 108,793,091 remain.

C. Meanwhile, on December 15, 2017, the Plaintiff received the claim against the Defendant from D Co., Ltd. on the part of D Co., Ltd., and around that time, the Plaintiff notified the Defendant of the assignment of the claim and received such notification.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff, the assignee of the above loan transaction amounting to KRW 258,793,091, and the principal amounting to KRW 150,00,000 from June 25, 2019 to September 1, 2019, which is the delivery date of the instant payment order, 15% per annum pursuant to the agreed rate, and damages for delay calculated by 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the full payment date.

3. According to the conclusion, the claim of this case is justified, and it is so decided as per Disposition by the assent of all participating Justices.

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