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(영문) 서울남부지방법원 2017.04.27 2016나53645

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 8,261,11 and KRW 2,00,00 among the Plaintiff’s KRW 8,261 and KRW 2,00,000, December 12, 2015.

Reasons

1. Facts of recognition;

A. On September 22, 2008, 2000 won (2,000,000) was determined and lent to the Defendant on March 25, 2010 as interest rate of 48.69% and due date of payment.

(hereinafter “instant loan”) b.

On June 26, 2009, wellcom Loans Co., Ltd. transferred the principal and interest of the instant loans to the Plaintiff, and notified the Defendant of the assignment of claims around that time.

C. As of August 17, 2015, the principal and interest of the instant loan remains in KRW 2,00,000 as principal and interest KRW 6,261,111.

[Reasons for Recognition] The entry of Gap's Nos. 1 through 4, and the result of response to the submission of financial transaction information to the new president of this court

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claims the total amount of KRW 8,261,11 (i.e., principal amount of KRW 2,00,000,000) and damages for delay calculated at the rate of 34.9% per annum from December 12, 2015, the day following the delivery date of a copy of the application for the instant payment order, to the day of complete payment, as requested by the Plaintiff.

3. The judgment of the court of first instance, which concluded otherwise, is unfair, and thus, it is so decided as per Disposition by cancelling this and ordering the payment of the said money.