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(영문) 서울중앙지방법원 2018.11.28 2018가단5133451
대여금 등
Text

1. The defendant shall pay to the plaintiff KRW 448,99,508 and KRW 333,656,00 among them to the day of complete payment.

Reasons

1. Basic facts

A. On June 28, 2011, the Plaintiff entered into a credit transaction agreement with B as of June 22, 201, whereby the credit limit is KRW 3 billion, the expiration date of the credit extension period as of June 22, 2012, and as of June 22, 2012, concluded an agreement on the use of electronic settlement of credit sales claims with the Plaintiff’s exercise of the right to demand reimbursement by the Plaintiff, in the event that the Plaintiff purchased credit sales claims from the selling company and fails to pay the credit sales claims by electronic means, and the purchasing enterprise fails to pay the credit sales claims by electronic means to the buyer, etc.

B. On August 4, 2011, the Plaintiff entered into an agreement with the Defendant, a sales business entity, on credit sales claims, to immediately repay the relevant individual loan in the event that the purchasing business entity fails to pay the purchase price on the date of the payment of the sales claims. The Defendant transferred the credit sales claims to the Plaintiff, a purchasing business entity, to the Defendant based on the fact that the Plaintiff obtained automatic approval from B while transferring the credit sales claims to the Plaintiff on credit sales claims to the Plaintiff, and the Plaintiff obtained such approval from B, within the limit of three billion won on credit, and the same year.

7. On 21.60,00,000 won and 50,000,000 won, the loan against security of credit sales claims amounting to KRW 33,656,00.

B. B failed to pay credit sales bonds with the maturity after the maturity date. The interest rate applied to the instant loan was 15% per annum after January 26, 2015, and on February 20, 2018, the interest rate applied to the instant loan was 5,539,873,874,75 won, 2,872,100 won, 2,393,417 won, and the interest rate is 19,740,165 won in total, including 27,017,452 won, 37,067,298 won, 17,191,90 won, 14,775, 326, 63 won in total, 95,63 won in total, 95,63 won in total, including 27,017,452 won, 37,067, 17, 190 won, 14, 32633 won.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 448,99,508 (=33,656,000 won) and the amount of KRW 19,740,165 won (95,603,343 won) and the amount of KRW 333,656,00 among them, and the damages for delay at the rate of 15% per annum under the agreement from February 21, 2018 to the date of full payment.

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