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Reasons
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(영문) 서울중앙지방법원 2018.10.26 2018가단5053098
양수금 등
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1. As to KRW 217,074,628 among the Plaintiff and KRW 74,521,261 among the Plaintiff, the Defendant shall be from December 5, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 16, 2006, the Defendant received from C Co., Ltd. (hereinafter “C”) a corporate ordinary loan of KRW 242 million (a contract to assume obligations acquired by D on August 30, 2006), a corporate ordinary loan of KRW 15 million on September 7, 2006, a corporate ordinary loan of KRW 15 million on March 28, 2007, and a corporate ordinary loan of KRW 20 million on June 20, 2007, respectively.

B. On November 17, 2011, an asset acquisition agreement between C and E, and an asset acquisition agreement between C and E, December 16, 2011, respectively, was concluded. Accordingly, each of the above loans claim was transferred in sequence from C to the Plaintiff, and the fact of assignment of the claim was notified to the Defendant by the time of each assignment of claim.

C. As of December 4, 2017, the aggregate of outstanding principal and interest of KRW 217,074,628 [in cases of interest on loans of KRW 61,685,263 (interest on loans of June 16, 2006), 12,000,000 (interest on loans of KRW 10,178,098 (interest on loans of KRW 207.7.9.7.7.9.7.7.20,000 per annum, interest on the loans of KRW 10,68.75,00 (the remaining interest on loans of KRW 207.7.6.7.7.6.6.7.6.6.6.6.6.6.6.6.6.6.6.6.6.6.6.6.6.6.75% per annum)] of the loans of KRW 10,04,260 (the remaining interest on the loans of KRW 207.7.7.65.6.6.7.6.6.6.6.6.7.6.6.6.6.6.6.20

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant, as a debtor under the above loan contract, extended loans to the Plaintiff who received each of the above loans to KRW 217,074,628, and KRW 74,521,261 as to the remaining principal of the loan on June 16, 2006, with the agreed interest rate of KRW 17.17% per annum from December 5, 2017 to the date of full payment.

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