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(영문) 서울남부지방법원 2019.11.20 2019가단249606
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 42,032,038 and 25% per annum from September 3, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 28, 2012, Defendant B obtained a loan with the interest rate of KRW 11.9% per annum, interest rate of arrears rate of KRW 120 million per annum, 25% per annum, and due date of repayment on December 28, 2013, and Defendant C guaranteed the principal and interest obligation of the loan.

B. On March 30, 2015, the D Bank transferred the principal and interest interest claim to E limited liability company, and E limited liability company transferred the same claim to the Plaintiff on April 28, 2016, and completed the lawful notification of assignment of claims respectively.

C. The remaining principal and interest amount of the Defendants is KRW 42,032,038 as of September 3, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. According to the judgment and conclusion-based facts, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed damages for delay calculated at the rate of 25% per annum from September 3, 2015 to the date of full payment.

The plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the acceptance of the claim.

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