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(영문) 서울중앙지방법원 2017.10.25 2017나32663

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,101,929 as well as full payment with respect thereto from May 13, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 2, the defendant was granted a loan of KRW 2,50,000 from A&P social loan corporation on August 10, 201, at the interest rate of KRW 38.81% per annum, and did not pay the principal and interest of the loan (at the time the principal of the loan remains in KRW 1,101,929) from May 13, 2014, and the E&P loan corporation did not pay the principal and interest of the loan from May 13, 2014. On April 30, 2013, the E&P loan corporation can recognize the fact that the E&P loan corporation transferred the principal and interest of the loan to the defendant on February 22, 2014.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,101,929 as well as damages for delay calculated at the rate of 38.81% per annum under the agreement from May 13, 2014 to the date of full payment.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, and it is so decided as per Disposition by cancelling the judgment of the court of first instance and ordering the payment of the above money.