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(영문) 서울중앙지방법원 2020.11.26 2019가합5937
대여금 청구의 소
Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 25% per annum from September 10, 2015 to the day of complete payment.

Reasons

Basic Facts

On February 13, 2015, the Defendant prepared a letter of delegation (hereinafter referred to as “the letter of delegation of this case”) with the following contents as to ① 250 million won (hereinafter referred to as “the letter of loan of this case”) and ② the letter of delegation (hereinafter referred to as “the letter of delegation of this case”) with the effect that “the receipt of KRW 250 million borrowed from C is delegated to D and remitted to D E account of new bank and delivered to F.

The next loan shall provide 13,00,000 won with 10,000 won as security, and shall pay interest at 2.5% of the 12th day of each month to the Nam-gu Incheon Metropolitan City G market stores, and at the time of arrears for at least 3 months, the creditor has no objection even if he/she voluntarily files an application for auction, and at the time of imposing the tax on the interest, we confirm that us shall bear all of the taxes.

F issued the instant loan certificate to C and presented the instant letter of delegation to C, and C transferred KRW 250 million to a new bank account (E) with the name of D as stated in the instant letter of delegation on February 13, 2015.

C on August 21, 2015, transferred to the Plaintiff the claim amounting to KRW 250 million against the Defendant, and on October 22, 2015, notified the Defendant of the transfer by means of a certified content-certified mail with a fixed date, and thereafter, the notification was sent to the Defendant at that time.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 4, 6, 8, Eul evidence Nos. 1 through 4, and Eul's establishment and scope of the claim for takeover of the entire pleadings, and the above facts of recognition, it is recognized that Eul set the interest rate of KRW 250 million to the defendant on February 13, 2015 as 2.5% per month without setting the time of repayment (hereinafter "the loan of this case"). Thus, barring any special circumstance, the defendant shall pay interest or delay damages calculated at the rate of 250 million won per annum to the plaintiff who acquired the above loan of this case within the maximum interest rate under the Interest Limitation Act, which is acknowledged within the maximum interest rate of KRW 250 million and interest rate of KRW 250 million per annum as sought by the plaintiff.

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