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(영문) 서울중앙지방법원 2017.12.20 2017나33932

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,950,941 as well as the full payment with respect thereto from June 8, 2016.

Reasons

1. Facts of recognition;

A. On February 19, 2016, Defendant A borrowed KRW 3,00,00,000 from Defendant A Co., Ltd. at an interest rate of 34.9% per annum and interest rate for delay, and the repayment of principal and interest on repayment method, and the maturity date on February 19, 2021.

(hereinafter “instant loan agreement”). (b)

Since June 8, 2016, the Defendant lost the benefit of time by delaying the payment of the principal and interest under the instant loan agreement, and the principal and interest remaining as of June 7, 2016 are KRW 2,950,941.

C. On October 5, 2016, Changishing Loan Co., Ltd. transferred the claim under the instant loan agreement to the Plaintiff, and notified the Defendant of the transfer of the claim against the Defendant on October 10, 2016.

[Grounds for recognition] The descriptions of Gap evidence Nos. 3, 4, 6, and 7, 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 calculated by applying the agreed interest rate of KRW 2,950,941 under the instant loan agreement and the interest rate of KRW 34.9% per annum from June 8, 2016 to the date of full payment.

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair with a different conclusion, and thus, the plaintiff's appeal is accepted and the plaintiff's claim is revoked, and it is so decided as per Disposition.