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(영문) 청주지방법원제천지원 2015.08.26 2014가단5629
양수금
Text

1. The defendant shall pay to the plaintiff KRW 51,407,283 as well as KRW 49,618,795 among them, per annum from October 21, 2014 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 8, Hyundai Social Co., Ltd. loaned KRW 54,00,00 to the defendant on February 25, 2014 for 48 months of the lending period (Provided, That where the payment of principal and interest is delayed for 30 days or the payment of principal and interest is delayed on two consecutive occasions or more, the benefit of the lending period shall be lost), interest rate 13.9% per annum, overdue interest rate of 25.9%, and the interest rate of 25.9%. However, the fact that the defendant paid the principal and interest five times, and lost the benefit of the lending due date by delaying the payment of principal and interest, the above loan claim was 49,618,795 won as of October 20, 2014; interest and delay damages; Hyundai Social Co., Ltd. transferred the loan to the defendant on November 4, 2014; and notified the defendant of the transfer of credit.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 51,407,283 won (=49,618,795 won +1,788,488 won) and damages for delay at the rate of 25.9% per annum, which is the overdue interest rate, from October 21, 2014 to the date of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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