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(영문) 서울중앙지방법원 2017.06.02 2016나79924

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,707,615 as well as full payment with respect thereto from August 31, 2011.

Reasons

1. Facts of recognition;

A. On October 27, 2010, the Defendant borrowed KRW 2,500,000 at the interest rate of 44% per annum, and interest rate for delay delay. On August 31, 2011, the amount of the loan principal as of August 31, 201 is KRW 1,707,615.

B. As the Defendant delayed the repayment of the foregoing debt, on March 30, 2012, the Changish Loan Co., Ltd. transferred the said debt to the Plaintiff on February 22, 2014, and on March 20, 2014, the Changish Loan Co., Ltd. issued a notice on the said assignment of debt to the Defendant by mail proving the content of the said debt.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, 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 of KRW 1,707,615, and damages for delay calculated at the rate of 39% per annum for the Plaintiff within the scope of the agreed delay damages from August 31, 2011 to the date of full payment.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and thus, the plaintiff's appeal shall be accepted and the defendant shall be revoked and the above amount of the recognition shall be ordered to be paid. It is so decided