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(영문) 인천지방법원부천지원 2016.06.24 2016가단102926
대여금
Text

1. As to the Intervenor’s Intervenor’s Intervenor’s KRW 23,376,804 and KRW 22,839,025 among them, the Defendant shall start from November 11, 2015.

Reasons

Comprehensively taking account of the overall purport of arguments in Gap evidence 2 (a loan agreement, and evidence Nos. 8) and evidence Nos. 3, 4, 6, and 7, Hyundai Social Co., Ltd. entered into a mid-term loan agreement with the defendant on March 3, 2014 with interest rate of KRW 38,00,000 per annum 10.9% per annum and 36 months per annum, delay damages rate per annum, and 25% per annum; the defendant lost the benefit of time by delaying the payment of installments under the above loan agreement on November 10, 2015; the remaining principal of the loan agreement as of November 10, 2015; the unpaid agreement was concluded with KRW 22,839,025; interest and delay damages; Hyundai Social Co., Ltd. entered into an agreement with the defendant on the transfer of loan claims; and concluded the agreement with the intervenor on the transfer of loan claims as of February 2, 2016.

According to the above facts, the Defendant is obligated to pay the Plaintiff’s succeeding intervenor KRW 23,376,804 (=22,839,025 Won 537,779) and the remaining principal of the loan to the Plaintiff’s succeeding intervenor at the rate of 22,839,025 per annum from November 11, 2015 to the date of full payment.

Therefore, the plaintiff's successor's claim of this case is justified and it is so decided as per Disposition.

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