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(영문) 서울중앙지방법원 2018.07.12 2017나32762

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 1,985,085 as well as its full payment from February 25, 2012.

Reasons

1. Facts of recognition;

A. On August 23, 201, Hing Loans Co., Ltd. lent money to the Defendant on a fixed basis as KRW 5,000,000 for the first use, KRW 2,000,000 for the first use, interest rate on loans, and interest rate on delay damages rate of KRW 39% per annum.

B. On September 28, 2012, the slish loan company: (a) from the slish loan company on September 28, 2012; (b) on February 20, 2014, the Plaintiff received the above loan claims against the Defendant from the slish loan company; and (c) on the delegation by the transferor, the company for slish loan and the Plaintiff notified the Defendant of the assignment of claims around that time.

C. The principal of the loan credit is KRW 1,985,085 as of February 24, 2012.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,985,085 of the principal of the above loan claim and damages for delay calculated at the rate of 38.98% per annum as requested by the Plaintiff within the scope of the agreed delay damages from February 25, 2012 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case shall be accepted as it is reasonable, and since the judgment of the court of first instance is unfair with different conclusions, it shall be revoked and it shall be ordered to order the defendant to pay the above amount. It is so decided as per Disposition.