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(영문) 춘천지방법원 원주지원 2018.02.27 2017가단35938
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 45,964,885 and the amount of KRW 43,141,363 from August 11, 2017 to the date of full payment.

Reasons

Facts of recognition

A. On August 2, 2016, Hyundai Social Co., Ltd. (hereinafter “Modern Social Co., Ltd”) agreed with the Defendant to comply with the terms and conditions of Hyundai Syman’s loans and the basic terms and conditions of credit transaction with respect to the above loans by setting KRW 50,50,00 to 48 months of loans, interest rate of KRW 7.9% per annum, and interest rate of KRW 25% per annum.

B. Article 8(2)2 of the Framework Act on Credit Transactions provides that a debtor shall lose the benefit of time immediately if the debtor delays the payment of the principal and interest on the installment of loans or the installment repayment on at least two consecutive occasions.

C. The Defendant lost its interest on August 10, 2017, by delay, on two or more consecutive occasions in paying the principal and interest on the installment repayment of the above loans.

As of August 10, 2017, the Defendant is KRW 45,964,885 (= principal of the loan + KRW 43,141,363 + interest 1,100,242 + interest 1,566 + interest 161,56 + fee 1,566 + fee 1,566 + fee 1,561,714).

E. On August 2, 2017, modern social transferred the claim against the Defendant, such as the above loans, to the Plaintiff, and around that time, notified the Defendant of the assignment of the claim.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 5, and the facts of finding the purport of the whole pleadings are as follows. The defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 25% per annum from August 11, 2017 to the date of full payment of the agreed interest rate of 43,141,363 won and the loan principal.

In conclusion, the claim of this case is justified and it is so decided as per Disposition.

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