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(영문) 서울중앙지방법원 2017.10.25 2017나31479

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,927,123 as well as the full payment with respect thereto from December 24, 2011.

Reasons

1. Determination as to the cause of claim

A. On May 20, 209, the interest and overdue interest rate of the lending institution (won) on the date of basic facts, 48.54% on October 17, 109, " 1,300,000 " (1) the Defendant borrowed a loan as follows, but did not pay interest on the loan after December 24, 201.

On December 12, 107, the notification date of the transfer of credit, which is the notification date of the transfer of credit, by the transferor, was changed to the social loan that E&P has taken place at the time of the transfer of credit.

On 20, 203, 203, 14. 20, 204. 20, 14. 14. 20, 204. 14. 14. 20. 20, 14. 20, 14. 14. 20, 14. 14. 20, the Plaintiff finally acquired the obligation against the Defendant as follows, and each transferee was delegated with the authority of the transferor to notify the assignment

(3) When the Plaintiff acquired the instant loan claim, the principal of the loan was KRW 3,927,123.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,927,123 of the loan principal of this case and damages for delay calculated at the rate of 38.81% per annum for the Plaintiff within the scope of overdue interest rate from December 24, 201 to the date of full payment.

2. If so, the plaintiff's claim is accepted for the reasons, and the judgment of the court of first instance is unfair for the conclusion, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay it.