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(영문) 서울북부지방법원 2020.09.10 2020가단102843
양수금
Text

The defendant shall pay to the plaintiff KRW 56,648,165 and KRW 49,372,648 among them, per annum from October 5, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 22, 2017, E Co., Ltd. (hereinafter “E”) loaned KRW 60,000,000,000 for the operation of construction machinery to the Defendant by means of equal installment repayment of the principal and interest each month by setting the lending period of 48 months, interest rate of loan 9.9% per annum, and interest rate of 25% per annum.

B. After doing so, the defendant delayed the repayment of the principal and interest of the above loan.

On June 21, 2019, Nonparty Company transferred the above loan claims to the Plaintiff.

On August 27, 2019, the Plaintiff notified the Defendant of the assignment of the claim by content-certified mail on behalf of the non-party company.

C. The principal and interest of the above loan loans is KRW 56,648,165 [the remaining interest rate remaining until June 5, 2019, KRW 5,164,127, and KRW 111,390 for overdue interest from June 6, 2019 to October 4, 2019] as of October 4, 2019 (= = 49,372,648 x 121,365 x 12.9% (within the scope of annual 25%).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 12.9% per annum from October 5, 2019 to the date of full payment with respect to the principal and interest of 56,648,165 won and principal of 49,372,648 won among them.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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