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(영문) 서울중앙지방법원 2017.10.25 2017나31721

양수금

Text

1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 2,403,394 as well as its full payment from July 16, 2008.

Reasons

1. Determination as to the cause of claim

A. On September 207, 207, the interest and overdue interest rate of the lending institution(s) on the loan date(s) 3,000,000 per annum 48.54% per annum 48.54% per annum (1) the Defendant was granted a loan, but the Defendant did not pay the loan interest after July 16, 2008.

On October 31, 108, 108, the notification date of the transfer of the credit, which is the transferee of the transferor, was changed from the date of the annual transfer date, 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 2,403,394.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 39% per annum for the plaintiff within the scope of overdue interest rate of 2,403,394 won of the loan principal of this case and 39% per annum from July 16, 2008 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.