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(영문) 서울서부지방법원 2019.02.14 2018나40888

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. C Co., Ltd. entered into a monetary loan agreement with the Defendant on July 11, 2012, setting the interest rate and delay damages rate of 36.5% per annum, and on January 26, 2015, and the loan amount of 3,000,000 won, and granted a loan to the Defendant.

On July 20, 2013, the Defendant delayed payment after partially repaid the amount.

B. The above claim against the Defendant of C Co., Ltd. (hereinafter “instant claim”) was transferred in sequence to D Co., Ltd. on December 26, 2013 and the Plaintiff on September 11, 2017, and each transferor notified the Defendant of the fact of transfer.

C. As of July 16, 2018, the principal and interest of the instant bonds are KRW 7,347,329 (= principal principal KRW 2,603,716) and interest KRW 4,743,613.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence (including virtual number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant claim, the amount of KRW 7,347,329 and KRW 2,603,716, which is the principal, to the Plaintiff, the delay damages calculated at the rate of 36.5% per annum, which is the agreed delay damages rate from July 17, 2018 to the date of full payment.

3. Conclusion, the plaintiff's claim should be accepted as reasonable.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.