양수금
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 24,160,605 as well as its full payment from July 1, 2018.
1. Facts of recognition;
A. The Plaintiff is a company registered with the Governor of the Financial Supervisory Service under the Act on Registration of Credit Business, etc. and Protection of Finance Users.
B. On April 22, 2013, the Defendant agreed to borrow KRW 10,000,000 from C Co., Ltd. (hereinafter “Nonindicted Company”) and agreed to grant the loan interest rate of KRW 38.81 per annum and delay damages rate of KRW 38.81 per annum and April 22, 2016.
(hereinafter referred to as the “instant contract,” and the claim against the Defendant of the non-party company, arising under the instant contract, against the Defendant (hereinafter “instant claim”).
At the time of the instant contract, the Defendant signed a digital signature with the certificate of official seal, and the Nonparty Company transferred KRW 2,00,000 to the Defendant on the same day pursuant to the instant contract.
After that, the defendant did not pay interest from November 28, 2013.
E. Meanwhile, on July 31, 2014, the Plaintiff acquired the instant claim from the Nonparty Company, and the Nonparty Company notified the Defendant on August 19, 2015.
F. As of July 10, 2018, the aggregate amount of the principal and interest of the instant bonds as of July 10, 2018 is KRW 24,160,605 ( principal KRW 14,160,605).
【Reasons for Recognition; Evidence Nos. 1 through 7; Purpose of the whole pleadings】
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed interest rate or delay damages at the rate of 38.81% per annum from July 10, 2018 to the date of full payment, which is the agreed interest rate and interest rate of 38.81% per annum.
3. Thus, the plaintiff's claim of this case should be quoted on the ground of its reasoning, and 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 above money.